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Arizona Workers' Compensation Questions & Answers
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
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
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
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
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... 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
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 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... Read more »

Joel Friedman
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
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
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
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... 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 better?

Joel Friedman
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... 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
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... 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
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
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... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Arizona on
Q: I got a head injury on the job and if my employee doesnt pay me the weeks that i missed can i sue them ?
Joel Friedman
Joel Friedman answered on Feb 21, 2018

Hello and good evening. You are entitled to wage loss disability payments if you miss time and income from work after a work injury. There are exceptions, like if there are conflicting medical opinions about your ability to work - one doctor says you can do anything and another says you can do... Read more »

1 Answer | Asked in Workers' Compensation for Arizona on
Q: I am on workers comp and coming up on a year. I have surgery again at the one year mark. Is there a way to extend wc?

The surgery is related to the original injury and cannot be completed until the one year mark. I am told that I only get 2080 hours and then I'm on my own. Also, easy lawsuit if this is the case?

Joel Friedman
Joel Friedman answered on Feb 21, 2018

Good evening. It's not clear what state you are in, but if it's Arizona, there is no time limit on the workers' compensation wage loss benefits you are entitled to for missing work. There may be other benefits, like wage loss supplemental benefits from your employer that run out, but... Read more »

1 Answer | Asked in Workers' Compensation for Arizona on
Q: Injured in 2011. For a year went to their Drs but they couldn't pin point injury. Cut me off but worse now, can i reopen

The injury has progressed to almost no ability to use arm. Never had final settlement or got arm fixed. Was cut off by case mgr, daughter in serious car accident out of state, had permission to leave for 3 weeks and was sent a 20 day notice same day got permission and left. Cut off and refused to... Read more »

Joel Friedman
Joel Friedman answered on Jan 7, 2018

I would have to review your medical records with you, but the legal answer is that IF you have a doctor who can associate your current condition with the original injury, you have a right to petition to reopen your case. I meet with potential clients at no charge, and it will be better for us to be... Read more »

1 Answer | Asked in Employment Law, Workers' Compensation and Public Benefits for Arizona on
Q: I was working(movie theater) on Christmas where we can't accept tips, but got an envelope "Merry Christmas" with money

I accepted thinking it was just a Christmas card, and opened at the end of my shift, had $40 inside, and am being asked to return it upon receiving a tip, do I have to return it?

Joel Friedman
Joel Friedman answered on Dec 27, 2017

Your question is outside my practice area (work injuries) and I don't know any other lawyers who might be able to help. My first impression is that the fact you didn't know what was in the envelope until you opened it probably does not create an exception to the no tips rule, so if you... Read more »

1 Answer | Asked in Workers' Compensation for Arizona on
Q: Once an initial monthly statement is submitted to workers' comp, how long should it take to receive payment?

My status changed from Temporary Total to Temporary partial in

late September. Last bi-weekly payment was early October.

How can I ensure that payments are made in a timely manner and I am not subjected to the whim of the adjuster on when they want to pay?

Joel Friedman
Joel Friedman answered on Nov 14, 2017

Your temporary partial disability (TPD) payments are payable every 30 days, so you should be due again if you're still on the same work status. You also should already have received and sent back to the adjuster your monthly report of job search attempts (mandatory, at least an average of 3 a... Read more »

1 Answer | Asked in Workers' Compensation for Arizona on
Q: Workers comp insurance refuses to pay lost wages for my second job stating that there's no way I could have worked

Both jobs Even though I have check stubs from both jobs at the time of injury can they do this?

Joel Friedman
Joel Friedman answered on Nov 13, 2017

Your average monthly wage, the term used in Arizona for determining your benefits payments, is set by the industrial commission and not by the insurance carrier. If you have not received a notice of average monthly wage, again from the industrial commission itself, you should send copies of your... Read more »

1 Answer | Asked in Workers' Compensation for Arizona on
Q: Can you file a workers' comp claim for a psychological injury?
Joel Friedman
Joel Friedman answered on Nov 1, 2017

Arizona work injury floor recognizes psychological injuries if the stress is unusual, unexpected, or extraordinary. The incident or circumstances must be stressful to an ordinary reasonable person, so if there are pre-existing psychological issues, it is more complicated and sometimes more... Read more »

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