Firm News
In Arizona, a doctor must testify in a court of law that an injured workers’ medical condition is more probably than not related to his or her industrial injury. This is one of the lowest burden of proofs to meet in the legal profession. For example, this would mean that an orthopedic surgeon in Phoenix…
In Arizona, being honest about pre-existing injuries when treating for Phoenix workers’ compensation cases can go a long way toward a favorable decision from a judge. For example, if an injured worker had a prior injury to his or her knee from 10 years ago, and now has a new injury, there should be no…
Often, we will receive calls from individuals 62 years and older who are already receiving Social Security retirement benefits, but want to attempt to receive social Security Disability benefits for example in Prescott. Many people do not know this but claimants can obtain Social Security Disability benefits when they are already receiving early retirement benefits…
Under the Arizona Workers’ Compensation system, employees who are hurt in the course and scope of their employment are covered. However, many times a claim for workers’ compensation may be denied because of the employer’s assertion that the employee was an independent contractor. Many employers do not understand that just because they call someone an…
In Phoenix, insurance adjusters will frequently try to terminate an injured worker’s benefits retroactive more than 30 days. This is illegal in Arizona as it is a violation of Industrial Commission of Arizona rules. An Arizona workers’ compensation insurance carrier can only close a case 30 days retroactively. If they attempt this measure against you, the injured…
I had a hearing this morning about a loss of earning capacity issue at the Industrial Commission of Arizona. Loss of earning capacity cases typically involve an Arizona injured worker who has suffered typically a back, shoulder, head, hip or multiple extremity injury that resulted in permanent physical impairment, and permanent work restrictions. The injured…
In Arizona, an injured worker with a compensable claim is entitled to coverage for “medical, surgical and hospital benefits or other treatment, nursing, medicine, surgical supplies, crutches and other apparatus, including artificial members, reasonably required at the time of the injury, and during the period of disability.” [1] The Arizona Supreme Court has stated that there are two statutory…
In Arizona, when you are on light duty and have an open workers’ compensation case, you are required to make a “good-faith effort” to look for work. For example, an injured worker in Phoenix must look for work within their work restrictions. This applies to open cases as well as injured workers who have a permanent unscheduled…
One of the basic rules of Arizona workers’ compensation law is that the employer “takes the employee as he finds him.” Maricopa County v. Industrial Commission, 134 Ariz. 159, 654 P.2d 307 (App. 1982). This means that if an injured worker has a pre-existing condition and the industrial work aggravates that condition, the Arizona injured…
At the Fendon Law Firm, P.C., we are thrilled to announce the opening of our Tucson office location. We will now have better accessibility to reach clients throughout the Tucson area who have suffered workplace injuries or are seeking Social Security disability benefits. With the addition of Art Gage as Of Counsel, we have also…