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COURT OF APPEALS By Chad Snow, Founding Partner CLIENTS OFTEN ASK WHAT WE CAN DO IF THEY LOSE AT THEIR INDUSTRIAL COMMISSION HEARING. THE ANSWER MOST OF THE TIME IS “NOT MUCH”. HOWEVER, THERE ARE APPEAL RIGHTS FOLLOWING AN UNFAVORABLE DECISION AT THE ICA. THE FIRST STEP IS TO FILE A “REQUEST FOR REVIEW” WITH...
Posted by Nifty | Court of Appeals Workers Compensation
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...
Posted by Snow Carpio and Weekley | 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...
Posted by Snow Carpio and Weekley | Court of Appeals Filing a New Claim
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