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Questions Answered by Joel Friedman
2 Answers | Asked in Personal Injury and Workers' Compensation for Arizona on
Q: Hi there so broke my hand at work 4 to 5 weeks ago . in that time I have seen doctor every week. 1 week into break I wa

I was released to go back to work. Just don't use hand..as of today my hand is not in a cast and it should have been weeks ago. My hand hurts and will heel wrong . so future looks bad for hand. They did give me a wrist brace with wrap. This all sounds not right. This is a workmans comp.... View More

Joel Friedman
Joel Friedman
answered on Dec 17, 2021

Good morning. It's not clear from your message how you believe your hand was broken and should be in a cast (like an x-ray or something else), and why you think you cannot do your regular work, since you apparently have been to a doctor who would make those decisions. It will make a difference... View More

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1 Answer | Asked in Workers' Compensation for Arizona on
Q: What is the penalty, if any, in AZ for failure to abide by a judicially approved stipulation in a work comp case?

The insurance company stipulated in writing to provide among many other things, an electric cart to a disabled employee as part of a settlement that included an award for future medical support care. The stipulations were approved by the Industrial Commission. Now, three years later the insurance... View More

Joel Friedman
Joel Friedman
answered on Oct 3, 2021

Thank you for your inquiry. There is no automatic right to the same medical benefits permanently and there is no automatic penalty. if benefits are being denied the first option is to request a hearing investigation under ARS 23 1061J. The industrial commission will send a notice to the insurance... View More

Q: My name is Danielle. I have a question about unemployment and needing representation for an appeal.

I stopped receiving benefits back in October because of trying to verify with id.me and it took 3 months to complete and then at which time I was informed that an adjudicator was assigned to my claim. I was found monetarily ineligible based on non fraud issue and disqualified. I submitted my... View More

Joel Friedman
Joel Friedman
answered on Aug 14, 2021

I wanted to let you know your question was posted to a workers' compensation website, very different than unemployment benefits (UIB). I personally do not have an answer about your pandemic benefits claim and I don't know if you are eligible for some UIB payment even without having worked... View More

Q: I’m a teacher, and the administration gave out my number to a student without my permission. What should I do?

The student contacted me and I blocked them right away.

Joel Friedman
Joel Friedman
answered on May 2, 2021

My practice is limited work injury cases, a specific part of employment law. Your concern appears to be an issue of employment privacy and it is not something I am able to provide advice. I suggest you look for an attorney whose practice is more directly employment law, if you do not hear back... View More

1 Answer | Asked in Workers' Compensation for Arizona on
Q: I was denied sick time because I need to be scheduled on the day I was sick. Is that right?

I requested a few days off for a minor surgery just over a month ago. It was denied because they say i have to be scheduled on the days I want off in order to get paid sick time. At the time I first requested the days the schedule wasn't made yet.

Joel Friedman
Joel Friedman
answered on Sep 9, 2020

This is not a workers' compensation issue, it's related to your employment. You will need to find an attorney who accepts employment benefits cases and, in the meantime, you may want to ask your employer for a copy of any employee handbook or manual that has information about your leave... View More

2 Answers | Asked in Workers' Compensation for Arizona on
Q: If I am on workers comp, and my current employer cannot work with my work restrictions,what is the issue for new job?

New company, not current employer that I injured while working for them

Joel Friedman
Joel Friedman
answered on Jul 21, 2020

Good afternoon and thank you for your question. You are entitled to disability payments anytime you are off work, whether it is for the company where you were injured or another employer after that. You should notify the insurance company and you should be given a form to fill out whether you are... View More

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1 Answer | Asked in Personal Injury, Workers' Compensation, Civil Rights and Health Care Law for Arizona on
Q: My dad was forced to go to a meeting, can he sue his company?

My dad's company recently held a meeting and forced all their employees to attend. No one in the room was wearing a mask or practiced social distancing, and the company have been negligent since the start of the Covid-19 pandemic in their regard for the safety of their employees. They are a... View More

Joel Friedman
Joel Friedman
answered on May 14, 2020

Thank you for posting your question here. The issue you present is going to be common I suspect, and from my perspective as a workers' compensation (WC) attorney (I do not practice in any of the other three areas mentioned in the post) I think it is going to be difficult to qualify for... View More

1 Answer | Asked in Workers' Compensation for Arizona on
Q: Claimant reported injury, supervisor failed to submit employer report of injury. 6 7 months after supervisor no longer

with company, an employee and employer was submitted. Commission informed carrier of claim. 21 days passed carrier did not submit acceptance or denial of claim. what are the claimants options?

Joel Friedman
Joel Friedman
answered on Apr 23, 2020

Hello, thank you for your question. If you are off work and the insurance company did not accept or deny the claim then they are supposed to pay you until the claim is denied if that's what's going to happen. If you have medical bills those have to be paid also until something is done... View More

1 Answer | Asked in Workers' Compensation for Arizona on
Q: Hello. I was injured at work. Was put on light duty 4 hours or so per day. Apts are scheduled by dr office during work

I was told by workers comp that I will not be paid when I go to doctor's appointments during work hours

Joel Friedman
Joel Friedman
answered on Apr 17, 2020

Good evening, thank you for your question. I am not sure why the doctor's office cannot arrange appointments around your work schedule, unless the work schedule changes from week to week. If you work in the morning then the doctor should schedule an appointment in the afternoon, and the... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Arizona on
Q: Workers Comp and returning to work. Im still in pain

Ben off 5 months with comp, My Dr says sedentary work restrictions in Jan. Ins company wanted 2nd opinion that Dr said the same thing sedentary duty. 2 weeks later IME Dr thew me under the bus and said I have 0% on report for all areas of any kind. Boss says get to work by Monday morn. Id... View More

Joel Friedman
Joel Friedman
answered on Mar 7, 2020

The answer is not a simple yes or no and it depends first on what your injury is, what your regular job is, where you were working when you were injured, who has been your treating doctor, who you believe was a "second opinion" doctor, and who the IME was. It is very rare in AZ to have an... View More

1 Answer | Asked in Employment Law, Workers' Compensation and Construction Law for Arizona on
Q: Im on sedentary work and my WC stopped. If Im stuck like this what happens? Full abdominal reconstruction. IME next.

I never received change of status other than the original claim acceptance. I have started to work at non profit for 2 weeks and have not been paid. Ive seen a second Dr by Comp Ins request last week and Scheduled for an IME in another week. Its going on six months since surgery. Surgeon said... View More

Joel Friedman
Joel Friedman
answered on Feb 18, 2020

Good morning, your question came in late last night. I am confused about your case history, the part about having seen as second insurance doctor last week and scheduled for another insurance examination next week. I can review the claim with you, at no cost, so you have a better understanding what... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Arizona on
Q: My surgeon released me light duty, must I take back 2work program non profit or can I find my own job?

I still dont feel better.

Joel Friedman
Joel Friedman
answered on Feb 2, 2020

Hello, thanks for your inquiry. That's a good question - I would advise against looking for different work than what you are being offered. The nonprofit place is more likely to accept your limitations from the doctor who put you out on light duty and if not you have a direct contact to your... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Arizona on
Q: JAN 2019, I STARTED WORKING ON THE 14TH AND SIGNED ON FOR A GUARANTEED PAY FOR THE FIRST YEAR OF 35K THAT CHANGED IN JUL

JULY OF 2019 TO THE AMOUNT OF 45K WHAT AM I OWED FOR THE GUARANTEED PAY?

Joel Friedman
Joel Friedman
answered on Jan 18, 2020

I'm not sure what questions you have and this is not part of my practice area (I only represent people with work injury claims) so my answers should not be relied on to determine what rights you may have - it appears from your question that you received a raise as of July 2019. Your monthly... View More

1 Answer | Asked in Workers' Compensation for Arizona on
Q: Can I still get compensation if I didn't seek medical attention right away?

I injured my back at work nearly a year ago. At the time, I thought it was minor, so I didn't report it or seek medical attention. However, months later, it is still causing pain and limiting my activities at and outside of work. I realize in hindsight that it was more severe than I had... View More

Joel Friedman
Joel Friedman
answered on Nov 19, 2019

You have one year from the date of the injury to file a claim at the Industrial Commission of Arizona (ICA). You can still do that if you are actually less than 365 days out. The more serious problem from your message is that you did not report the incident or what you thought might be an injury,... View More

3 Answers | Asked in Personal Injury and Workers' Compensation for Arizona on
Q: I got injured on the job 30ft fall. I’m on workman’s Comp. Is there a case for not supplying safety equipment.

Broke foot, pelvis, arm, L4&5, and dislocated shoulder. Company didn’t offer safety harness. Which they have implemented now after my accident. Also concerned about my future that I might not be able to return to the position and future pain and surgery and loss of mobility.

Joel Friedman
Joel Friedman
answered on Oct 15, 2019

Thank you for sending your question here. The short answer to your first question is that Arizona workers' compensation is a no-fault system and you cannot file a claim directly against your employer if it had insurance for work injuries. It seems you have had a very serious accident and it... View More

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2 Answers | Asked in Workers' Compensation for Arizona on
Q: If a worker calls a nurse triage line to report an injury but refuses a triage, is there any liability on the nurse if

something happens later in relation to that initial injury? Technically the nurse/patient relationship starts as soon as a nurse answers the phone but a patient has the right to refuse treatment in any other setting.

Joel Friedman
Joel Friedman
answered on Sep 12, 2019

Thank you for the question, but I don't think it has anything to do with a workers' compensation claim. The issue is more related to liability of a healthcare provider when the "patient" does not accept treatment in the first place. The general rule is that the provider is... View More

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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
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... View 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
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 you

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... View More

Joel Friedman
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... View 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
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.... View More

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