Matt Fendon Law Group Legal Blog

Employers in Arizona are required to post notice to their employees that the employees have a right to reject workers’ compensation insurance coverage prior to an on-the-job accident. Typically, this notice needs to be posted in a common area such as the breakroom. In Phoenix, if an injured worker suffers an on-the-job injury and their…

The Social Security Administration rules say that: “if an impairment can reasonably be remedied by treatment, it cannot serve as a basis for finding of disability.” What this means is if you have a medical condition that can be “cured” with reasonable treatments, and you refuse to undergo these treatments, you may end up ineligible…

Substantial gainful activity is the ability to earn at least $1,090.00 per month in the open labor market across the United States. If someone’s unable to earn that amount of money in 2015 based on a disability, they may be eligible for Social Security disability benefits. Substantial gainful activity also means when deciphering whether somebody…

The general rule is “no” you cannot. Essentially, in Arizona workers’ comp law, borrowing employers are immune from lawsuits even if their negligence causes the temporary worker’s injury. There is a narrow exception to this rule if the temporary worker is doing a job activity that is completely outside the normal course of the borrowing…

The answer is “yes” as long as you’re traveling outside of the jurisdiction where you live. This means that you are forced to drive outside the city you live in to seek other medical treatment. If someone lives in Chandler, for example, and has to commute to Phoenix, the courts are most likely going to…

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…

In 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…

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. In compassionate allowances, the Social Security Administration quickly identifies diseases and other…

If I am injured at home falling down my own stairs after I have an accepted knee injury claim, is it covered under my Arizona Work Comp Claim? Under Arizona law, the answer to this question is most likely “yes.” The compensable consequences or successive injury doctrine says that as long as the injury is…

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. A…