Phoenix, AZ asked in Workers' Compensation for Arizona

Q: I was fired, rehired, had an OJI. The company says the rehire was a clerical error. Do I have to pay back for the OJI?

I had an agreement to return to work and not arbitrate original termination. I was injured when I returned, requiring surgery. Now the company says it was a clerical error that brought me back. I require another surgery, but the company says I never ACTUALLY returned to work. I was paid OJI indemnity payments, and medical bills. Do I have to pay the state back? Secondly, do I now have a personal injury claim for the injury I received when I went back to work?

Related Topics:
1 Lawyer Answer
Joel Friedman
Joel Friedman
  • Workers' Compensation Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: Workers' compensation (WC) benefits in Arizona include payment for time lost from work and medical treatment related to an injury. The injury generally is, or should be, covered if you were doing something that benefitted the employer, in or related to the business of the employer, and at a time and in a place where the employer's work was usually done. I do not understand what you mean that you returned to work after being fired and then rehired, the second part of which the company now says was a mistake - a lawyer would need to know the specifics of the company where you were doing the work, your actual job and work assignment, and how you were injured. The fact that the insurance company apparently paid work injury benefits suggests there was no question you were working for the employer company [no information given to the insurance company by the "employer" that would have allowed the claim to be denied], regardless of what they now claim was an error bringing you back (for example, how would you have gotten into the job site if you were not rehired). I would not expect the insurance company to demand refunds for benefits paid but if there is a valid reason to deny the claim that was unknown to the insurance company when they paid you and your doctors before, they may legally be able to deny benefits going forward. Again, the details are important and you should contact an attorney for a more direct discussion.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.