Matt Fendon Law Group Legal Blog

There was a horrible earthquake in Italy this past weekend. Our thoughts and prayers go out to the victims and their families. Under worker’s comp law, an earthquake would be an “Act of Nature,” and someone hurt from an earthquake while working wouldn’t necessarily be entitled to worker’s comp benefits. A risk analysis may need…

Disabled widow or widower benefits are available. However, the applicant must be 50 years old and must have become disabled no later than 7 years after either: the death of the wage earner, the last payment of mother’s or father’s benefits to claimant, or the prior payment of disabled widow or widower benefits to the…

You cannot sue your employer if you are injured on the job unless you reject worker’s comp coverage prior to the injury, or if your employer fails to post notice that you had a right to reject coverage, or if you employer fails to purchase worker’s comp insurance, or if your employer or co-employee engages…

Employment law tip of the day – the most common remedy for a wrongful termination, especially involving an injured worker, is the Americans with Disabilities Act (ADA) and the Family Medical Leave Act (FMLA). Please keep in mind that if you are terminated from employment and you believe that the employer violated the ADA and/or…

Fibromyalgia is a diagnosis that is frequently rendered when a patient has vague aches and pains that a physician cannot pin down. It’s very difficult to get on SS Disability with this condition. It is essential that the claimant have records from a rheumatologist to support his/her case.

Folks can be accepted for Depression under SS guidelines, but it’s very difficult with this condition alone. Signs of severe depression can include: unexplained loss or gain of weight, insomnia, and suicidal attempts.

Workers comp tip of the day — if you are injured on the job, the three most important things you should do are to file a claim with the Industrial Commission (602-542-4661), report the injury in writing to your employer – an email will work, and see a doctor right away. You would be surprised…

Employment Law Tip of the Day – You don’t have to be fired to have a potential claim for wrongful termination against your employer. Constructive discharge occurs when working conditions are so bad that a “reasonable person” would feel compelled to resign. Constructive discharge is actually covered in the Arizona Revised Statutes at ARS 23-1502.

Workers Comp tip of the day – did you know if your WC case was previously closed with a permanent disability, and you were able to return to work at the time, but now aren’t able to earn what you were earning at the date of your injury, you may be entitled to further compensation….

Kill the bills! There are two bills pending in the Arizona legislature that would severely hurt injured in Arizona. House Bill 2367 would essentially prevent injured workers from choosing their own doctors when injured on the job. House bill 2365 would institute “evidence based medicine” which basically establishes treatment recommendations in accordance with a national…