Full and Final Settlements By Brian Weekley, Attorney/Partner On November 1st, 2017, Senate Bill 1332 went into effect in Arizona. This state law allows for the full and final settlement of workers’ compensation claims. Under the current system, claimants always retain the right file a Petition to Reopen their claim in the event that...
LEAVING THE STATE WHILE A WORKERS’ COMPENSATION CLAIM IS OPEN By Molly Ocampo, Attorney We often have clients who need to move out of state for various reasons while their workers’ compensation claim is open and/or is in litigation. This situation can present various issues for the injured worker and their attorney. Arizona Revised Statutes...
PREPARING THE CLAIMANT’S DOCTOR TO TESTIFY By Dennis R. Kurth, Attorney One of the most important duties of the workers’ compensation claimant’s lawyer is preparing the claimant’s doctor to testify before the ALJ at the Industrial Commission. Most cases litigated before the Commission requires expert medical testimony to meet the claimant’s burden of proof...
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ANATOMIC CHANGE NOT NECESSARY TO PROVE INJURY By Dennis R. Kurth, Attorney The Arizona workers’ compensation statute requires proof of an “injury” by “accident” within the course and scope of employment to establish a compensable claim. (See A.R.S. §23-1021(A)). Case law has liberalized the term “accident” to encompass any work activity, even repetitive work activity,...
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“Equitable Apportionment” of Workers’ Compensation Lien Based Upon Employer’s Comparative Fault By Dennis R. Kurth, Attorney In a recent and very significant case, the Arizona Court of Appeals has established the right of an injured worker who sues negligent third parties for causing his injury and whose recovery is reduced by his employer’s comparative fault,...