Pre-Employment Physicals, Conditional Offers and Compensability

A recent holding from the Arizona Court of Appeals clarifies that an injury sustained during a pre-employment physical may not be compensable.

In Sherring, the claimant accepted a conditional offer of employer that required the successful completion of paperwork, a background investigation, reference checks, and pre-employment testing. The claimant completed all of these items successfully and was cleared to start work.

However, she never actually started working due to injuries sustained during the pre-employment physical when she was required to repeatedly lift a box weighing 50 pounds and place it on a shelf. The claimant’s claim for compensation was denied under the holding that she was not an employee.

The Administrative Law Judge (ALJ) concurred and found that the claimant was not an employee. The Court of Appeals affirmed the ALJ’s ruling and held that from a public policy perspective, it would be incongruous to allow workers’ compensation for pre-employment exam injuries.

Sherring v. Indus. Comm’n of Ariz., 2 CA-IC 2017-011 (Aug. 9, 2018)

Would you like to know more? Contact Ilene H. Feldmeier at ifeldmeier@pollartmiller.com or 877-259-5693.

 

From the March 2019 Newsletter 

2019-04-01T11:16:26+00:00