Can My Arizona Work Comp Case Be Dismissed?
If you are hurt on the job in Arizona, and you do not have a lawyer, there is a chance your case could be dismissed if you fail to comply with certain procedures in your case.
If you have filed a request for hearing at the Industrial Commission of Arizona, there are certain things that you have to do to comply with the process.
First off, once you file a request for hearing in Flagstaff, for example, a hearing will be scheduled and a defense lawyer will be hired by the work comp insurance carrier to defend your claim.
That defense attorney will send you a list of questions called “interrogatories.” These questions are part of the “discovery” process. This allows the defense lawyer an opportunity to obtain information about your case.
If you do not return those interrogatories back to the defense attorney with the answers within 10 days, the defense attorney can file a motion to compel with the Administrative Law Judge to make sure that you answer those questions. If you fail to answer those questions, you could be subject to sanctions including dismissal of your claim.
The same applies for depositions. A deposition is scheduled by the defense attorney typically after you, the injured worker, have filed a request for hearing at the Industrial Commission. A deposition is another part of the discovery process where the defense lawyer actually has you come down to his or her office and asks you a series of questions. If you don’t attend that deposition, you could be subject to sanctions. This could include your case being dismissed.
One of the main reasons why people contact attorneys that practice work comp in Arizona is because they receive the interrogatories and notice of deposition. We highly recommend that once you receive this paperwork in the mail from the defense lawyer that you contact Fendon Law Firm. We are the largest family owned and operated worker’s compensation and Social Security disability law firm in the State of Arizona. We have offices in Phoenix, Flagstaff, Prescott Valley, and Tucson. We can see you at your convenience. We treat clients like family because we are family.