Hernias – Figueroa vs. The Industrial Commission of Arizona
By Nicholas Wearne, Attorney
Arizona has a statue designated to hernias and the statute is misunderstood by many defense attorneys, applicant attorneys, as well as several judges. The law separates hernias into two different types. Class 1 hernias, and Class 2 hernias. Class 2 hernias are only covered in certain circumstances and the most you can get by way of monthly benefits is 2 months of compensation for a Class 2 hernia.
Most defense attorneys will tell you all hernias are Class 2 unless the hernia is the result of a stabbing or puncture wound. They will expect you to jump through all the hoops that come along with Class 2 hernias. There is an Arizona case referenced above that explains how the law should actually be interpreted.
Considered Class 1
All hernias are to be considered Class 1 unless the defense attorney and carrier can prove that there was a birth defect or preexisting weakness in the abdomen. Class 1 hernias do not have all the stipulations that Class 2 hernias have. There are no limits on how long you can receive monthly payments and no hoops to jump through.
Hernias injuries are unfortunately almost always denied due to carrier’s and defense attorney’s misunderstanding of the law. If you have experienced a hernia injury and your claim is being denied, contact our office for a free consultation.