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Questions Answered by Joel Friedman

1 Answer | Asked in Workers' Compensation for Arizona on

Q: Does my employer have a legal right to attend my workman's comp. Dr's appointment?

Joel Friedman answered on Mar 20, 2019

No, your employer is not permitted to attend your actual medical appointments. The insurance company can hire a nurse case manager to help coordinate medical care but even that person does not have to be allowed in the room with you and your doctor(s). Feel free to call, no charge, to review more... Read more »

1 Answer | Asked in Workers' Compensation for Arizona on

Q: What can a provider do if a carrier does not pay the claim correctly. A pymnt dispute has been submitted 3x.

We have disputed an underpayment by an insurance carrier for a workmans compensation claim three times. The carrier refuses to pay the claim according to the Industrial Commission of Arizona's fee schedule and guidelines.

Joel Friedman answered on Jan 16, 2019

There is some question if the ICA has jurisdiction over disputes between carriers and providers. If you

e-mail me at jfriedman@cruzfirm.com

I will give you contact information for a couple of local attorneys who may be able to help you. Please reference your Justia inquiry. Thank...
Read more »

1 Answer | Asked in Workers' Compensation for Arizona on

Q: Can employer require me to pay upfront for transportation to and from work?

I broke my tibia at work in November - had to have surgery and have been off work for almost 8 weeks. My doctor has released me for seated work only, but I am unable to drive for another few weeks. My employer has requested that I return to work on January 2nd but has advised that I will have to... Read more »

Joel Friedman answered on Dec 27, 2018

We typically have transportation provided for clients at the insurance company's expense - there are car services known to most if not all carriers. I do not have clients pay and wait for reimbursement, and it is the insurance company's responsibility, not your employer. There is no guarantee your... Read more »

1 Answer | Asked in Workers' Compensation for Arizona on

Q: I get benefits at my job but I'm a part-time worker. Am I still eligible for workers' comp benefits?

Joel Friedman answered on Dec 27, 2018

You are eligible for workers' compensation benefits regardless of your full or part time status. The difference will be reflected in what is called your average monthly wage and the amount of your benefits payments when you are off work or miss enough time to qualify for wage loss payments. Please... Read more »

1 Answer | Asked in Workers' Compensation for Arizona on

Q: My coworker rear-ended my car in our company's parking lot and it hurt my back. Can I get workers' comp benefits?

Joel Friedman answered on Nov 20, 2018

The short answer is - it depends. There are some situations when you are covered for WC benefits in a company parking lot. I would need to know if you were getting to or leaving work and exactly where in the parking lot the accident occurred. There also are likely to be questions about how fast the... Read more »

1 Answer | Asked in Employment Discrimination and Workers' Compensation for Arizona on

Q: I got fired after filling work injury, the reson i got fire was because i didnt get approved to work with a member.

Joel Friedman answered on Oct 3, 2018

Thank you for your question. I am not sure I understand the issue, you can each me after 9:00 a.m. this morning at 602-492-5331 so we can review the specifics of your situation. Thanks again

2 Answers | Asked in Workers' Compensation for Arizona on

Q: If my husband files for workers' comp, can he also get SS disability?

Joel Friedman answered on Sep 14, 2018

The short answer is yes. There is a maximum combined payment based on his earnings record, usually from the 5 years before the injury or before he qualifies as disabled. There are other ways to calculate the maximum combined benefit amount, and Social Security is supposed to use the one that... Read more »

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1 Answer | Asked in Workers' Compensation for Arizona on

Q: I was hurt but it was off the clock - does that make a difference in my claim?

Joel Friedman answered on Aug 11, 2018

I'm not sure what you mean by "off the clock," and there are limited situations in which you may be covered for workers' compensation anyway. You can call me tomorrow at 602-687-9211 or 602-492-5311 after 1:00 p.m. because the validity of your claim will depend on the facts. Thank you

1 Answer | Asked in Workers' Compensation for Arizona on

Q: I was injured 2015,and my supervisor was witness. My foot was swollen for over a week and I still went to work for 3 day

I told the secretary but nothing was done. What should I have done differently?

Joel Friedman answered on Jun 9, 2018

Thank you for contacting me with your work injury question. There is nothing you can do now about a 2015 injury, and in the future if you are hurt at work you are required to notify a supervisor or manager as soon as possible, and you are required to file your own claim with the Industrial... Read more »

1 Answer | Asked in Workers' Compensation and Medical Malpractice for Arizona on

Q: I've been scheduled for a IME with the same Dr. that did the IME that closed my case. Can I request a different IME Dr?

This IME closes nearly all cases he is involved in?

Joel Friedman answered on May 4, 2018

You can ask, but the carrier has the right to choose it's own doctor. You probably don't want someone new anyway. You may feel free to call me at 602-687-9211 (office) or 602-492-5331 (cell). I have 2 appointments this afternoon and I'm not available after 5:15, so it may be tomorrow before I can... Read more »

1 Answer | Asked in Workers' Compensation for Arizona on

Q: Can you file a workers' compensation claim for injuries caused by car accidents on the way to work?

Joel Friedman answered on May 4, 2018

If you are commuting to or from work, the general answer is no. The circumstances may make a difference, like if you were going somewhere on the way that was related to work. You can feel free to call me at 602-687-9211 (office) or 602-492-5331 (cell) to discuss the specifics of your situation.... Read more »

1 Answer | Asked in Civil Litigation and Social Security for Arizona on

Q: Can a Notice of Errata be used to correct for factual error by the opposing litigant in civil case in fed distr Court?

Joel Friedman answered on Apr 15, 2018

I do not accept clients with United States District Court civil cases. My practice is limited to representation of individuals with Arizona work injury claims

1 Answer | Asked in Workers' Compensation for Arizona on

Q: How do I verify the C&R payout? I received 32% disability rating and the report states I require surgery. $37,500 low?

I worked for 28 years as a police officer in the City of Carlsbad, CA. I hurt my back, rated out at 32%, 0% apportionment. I hate the workers comp system. I advised I wanted a C&R. The final doctors report states I require surgery to my C column (fusion probably), life long pain management and... Read more »

Joel Friedman answered on Apr 15, 2018

We do not accept non-Arizona workers' compensation cases. You will need to contact an attorney in California

1 Answer | Asked in Workers' Compensation for Arizona on

Q: my workers comp claim was denied.I'm wondering who will be responsible to pay medical bills from on the job injury

Joel Friedman answered on Apr 15, 2018

You are responsible for paying medical bills not covered by your Worker's Comp. claim, regardless of the reason. If you disagree with the denial, you have (or had) 90 days from the date of the notice, not 90 days from the date you received it, to file a request for hearing with the Industrial... Read more »

1 Answer | Asked in Workers' Compensation for Arizona on

Q: Can I quit my job while on workmans comp and still receive medical coverage?

I have been out of work for almost 2 months, my medical status has recently changed from restricted work status to light duty and am in the process of physical therapy. I do not wish to return to work as it is a high stress environment as well as physically demanding. Can I quit and still recieve... Read more »

Joel Friedman answered on Apr 3, 2018

The short answer is yes, you will continue to receive medical benefits. You will probably forfeit wage loss - disability payments if you voluntarily quit and give up income. You also should understand that restricted work and light duty are generally the same, so you are only paid disability... Read more »

1 Answer | Asked in Workers' Compensation for Arizona on

Q: I’m in workman’s comp and got a new employer. Does my case worker need to know where I’m going to work and can they call

Still in workman’s comp my case worker asked where and when I start my new job and if they will accommodate me with my restrictions? Do I have to answer and can they call to verify what I tell them?

Joel Friedman answered on Apr 3, 2018

You don't have to provide the information but if you are making less money and you want to be paid for lost time-dollars, you will have to document your new work and income. Your WC carrier should not contact your new employer. You have to be very careful not to exceed the work restrictions from... Read more »

1 Answer | Asked in Workers' Compensation for Arizona on

Q: Settling for LEC. It was approved but "further ordered" ?

Further ordered to rearrange. Tells my disability percentage and says no LEC. Also "further ordered" commission retains jurisdiction to see if my physical condition changes they can alter.

Do I still get the LEC award aggreed too and can they take that award back at a later time if I get... Read more »

Joel Friedman answered on Apr 2, 2018

I would need to see the actual settlement agreement, but the language you cite from the ALJ approval is standard "boilerplate." The ICA always retains jurisdiction over a case, for future medical benefits and even in some limited circumstances for future disability payments. I expect your insurance... Read more »

1 Answer | Asked in Workers' Compensation and Employment Law for Arizona on

Q: If i got hurt at work 3/9/2018 and got on workers comp since 3/13/2018 then why am i not getting paid until 4/19/2018

Fractured my talus bone. Did not get a drug test. Assistants didnt follow procdure. They were arguing on who was going to take me. In the end went home then next day to hospital. After that went to work and the hr lady sent me to fasmat. Had another ex ray done nothing. Till the third time did mri... Read more »

Joel Friedman answered on Apr 1, 2018

Thank you for contacting me about your work injury. There is no,legal requirement for a drug test and failure of your co-workers or supervisors to follow some company procedure also does not affect your right to benefits. I'm not familiar with a medical facility named "fasmat" and depending on... Read more »

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Arizona on

Q: I had a work related injury and the work compensation lady said they wont pay me my first week off , is dat true ? phx

Joel Friedman answered on Feb 25, 2018

This is only partly true, if you missed less than one week of work. If you are off work less than 2 weeks, you get paid only for the days after week 1, and if you are off work or on limited duty and not earning your regular wages for more than 2 weeks, you will be aid back to day 1. feel free to... Read more »

1 Answer | Asked in Workers' Compensation and Employment Law for Arizona on

Q: If an employee sustains an injury while on the job can they chose not to file it with workers compensation?

I have an employee that was injured on the job but are refusing to allow the employer to file with workers compensation stating it was a preexisting condition and they are instead filing the claim with their own insurance. Can an employee turn down workers comp? Does this place additional... Read more »

Joel Friedman answered on Feb 23, 2018

The injured worker is not required to file a workers' compensation (WC) claim, and the employer does not have the authority to do so on the worker's behalf. There is no additional liability for the employer if no claim is filed, and the worker actually has up to one year from the date of the... Read more »

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