What Prior Injuries Are Presumed To Affect My Earning Capacity?
In Arizona, if you have a compensable industrial injury case, and end up with a permanent impairment on that case, you may entitled to lifetime benefits depending on pre‑existing impairment.
For example, if prior to your Arizona work comp claim, you had a pre‑existing impairment of “great magnitude” such as the loss of a leg, the loss of both legs, deafness, blindness, or a 40 percent service connected disability rating, you may be entitled to a lifetime benefit under your work comp claim if your industrial injury results in a permanent impairment.
Also, in some cases, Phoenix injured workers will have a prior industrial impairment. If you have a prior industrial impairment in Arizona, depending on the nature of that impairment, you may be conclusively presumed to now be entitled to a lifetime benefit depending on the facts and circumstances of your case.
That also applies to non-industrial impairments. Some non-industrial impairments may convert your Arizona work comp case to a lifetime benefit depending on the nature of that impairment and whether it affected your earning capacity at the time of your secondary industrial accident.
Arizona workers’ compensation law is very complex. For a free consultation on your case, please feel free to call Fendon Law Firm. We can see you in Phoenix, Flagstaff, Prescott Valley, or Tucson. We are the largest family owned and operated workers’ compensation and Social Security disability law firm in the state of Arizona. We treat clients like family because we are family.