September 2015 Archives | Arizona Workers' Compensation Blog
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September 2015 Archives

CAN I BE COMPENSATED FOR DISFIGUREMENT OF MY HEAD, NECK, OR TEETH?

Under Arizona workers' compensation law, any permanent disfigurement to an injured worker's face, neck, or teeth is compensated as a scheduled disability. What this means is once a doctor or the Industrial Commission rates the Arizona injured worker for the percentage of impairment due to scarring on the face, neck or loss of teeth, the insurance carrier will ultimately have to pay a certain amount of benefits for that disability.

WHAT HAPPENS IF TWO ARIZONA INSURANCE CARRIERS ARE FIGHTING OVER LIABILITY FOR MY CLAIM?

n Arizona, if two workers' compensation insurance carriers are fighting over liability for your claim, you may be able to receive a temporary benefit until an administrative law judge sorts out the dispute. We call this type of order a "1061K" order. This comes from Arizona statutory law. That statute says "when there is a dispute as to which employer, or insurance carrier, is liable for the payment of a compensable claim, the Commission may, by order, designate the employer or insurance carrier which shall pay the claim."

WHAT ARE COMPASSIONATE ALLOWANCES (CALS)?

In some circumstances, Social Security will expedite disability claims if a claimant's condition includes one of the compassionate allowances. Essentially, compassionate allowances are very serious conditions that require quick processing of disability cases. Many of the terminal type disabilities fell under this category.

EFFECT OF VETERAN'S ADMINISTRATION (VA) DETERMINATION OF DISABILITY ON SOCIAL SECURITY DISABILITY CASE

Decisions by other governmental agencies in relation to an Arizona claimant's disability status are persuasive but not binding on Social Security judges (ALJs). What this means is even if a Social Security claimant is found to be disabled by the VA, he or she is not conclusively found by an ALJ to be disabled.

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