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Category Archives: Court of Appeals

Arizona Appeals Court Awards Workers’ Compensation Benefits to Employee Who Contracted COVID-19 While On the Job

According to a report from the Arizona Capitol Times, an appellate court in Arizona has awarded workers’ compensation benefits to the family of a worker who contracted COVID-19 while on the job. In the case of Western Millwork, Cincinnati Insurance Co. v. Zerby, an appellate court ruled in favor of the widow of a man …

Recent Bad Decision from Arizona Court of Appeals – Apples to Oranges

I recently litigated a claim at the Court of Appeals that had to do with Arizona’s “Equal Measure Rule” as set forth in the Elias v. Industrial Comm’n case.  That case says that the same measure of hours used to calculate the injured worker’s pre-injury average monthly wage should be used to calculate their post …

Recent Decision On Election of Remedies at Court of Appeals

A recent Court of Appeals decision on a workers compensation claim brings to mind an issue that I’ve never discussed here on the blog – the Election of Remedies Doctrine.  In this case, the worker was injured working for an employer who did not carry workers compensation insurance.  In such cases, the worker can elect …

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