A note from an LPN that fails to mention causation in relation to the applicant’s current condition is not sufficient evidence to support a reopening

In Hothan, Applicant worked as a guard at the Mohave County Jail. In 2009, Applicant was injured when an inmate slipped out of his shacks and used the shackles to beat applicant in the face and neck. Applicant sustained a mild head injury, broken noise, and contusions. Applicant did not miss any time for work [...]

A note from an LPN that fails to mention causation in relation to the applicant’s current condition is not sufficient evidence to support a reopening 2020-11-05T15:55:57+00:00

A pro se litigant can be deemed vexatious for filing repetitive complaints alleging bad faith for issues previously already ruled upon

In Clifton, Applicant sustained an injury in 2015 that was accepted and closed with temporary disability benefits but no permanent impairment after a hearing in 2017. Applicant then filed two successive bad faith complaints in March and April 2018. The first complaint in March 2018 alleged multiple violations in the processing of the claim including [...]

A pro se litigant can be deemed vexatious for filing repetitive complaints alleging bad faith for issues previously already ruled upon 2020-11-05T14:55:16+00:00

Director-Imposed Penalties

In Gallego, Claimant and uninsured employer (“Respondent”) previously entered into a settlement agreement for work-related injury suffered by Claimant. The agreement included a penalty schedule if Respondent failed to comply with its terms. Respondent failed to comply with the settlement, and as a result, the Division of Workers’ Compensation (“Division”) sought enforcement of the agreement [...]

Director-Imposed Penalties 2020-11-05T16:22:20+00:00

Recusal of an ALJ

In Webster, Claimant suffered a work injury on March 9, 2016, when he tripped and fell carrying a metal table. Claimant was placed at maximum medical improvement (“MMI”) by the authorized treating physician (“ATP”) on September 12, 2016. Claimant was referred to another doctor for an impairment rating, who found Claimant at MMI as of [...]

Recusal of an ALJ 2020-11-05T15:58:45+00:00

Compensability & Missed IME Appointments

In Fahler, Claimant was employed as a Field Technician. As such, the job required Claimant to maintain kiosks by stocking, repairing, and painting them. In May 2019, Claimant was tasked with installing new credit card readers on the kiosks, which included drilling and hardware installation. On June 10, 2019, Claimant installed readers and began to [...]

Compensability & Missed IME Appointments 2020-11-05T16:03:12+00:00

Hospital Billing and Collection Practices

In Keating, Claimant was injured in a workplace accident on July 22, 2017. Employer was found liable for the injury and subsequent workers’ compensation benefits in October 2018. However, Employer did not carry workers’ compensation insurance and failed to pay any temporary benefits or medical benefits owed to Claimant. Employer then filed a bankruptcy proceedings. [...]

Hospital Billing and Collection Practices 2020-11-05T16:03:04+00:00

Issue of Conflicting Evidence

In Tapia, Claimant worked maintenance for privately owned condominium units in a building owned by Employer. In June 2019, Claimant had taken a lunch break in his office when he thought he heard water running. Claimant entered the unit where he believed the water was running, and last remembered setting down his lunch dishes to [...]

Issue of Conflicting Evidence 2020-11-05T16:02:44+00:00

Special weight given to DIME’s “Findings and Determinations” does not include whether a scheduled injury should be converted to whole person impairment

In Morris, Claimant sustained a work-related injury when he slipped and fell on scaffolding in 2015. Almost a year later, Claimant reached maximum medical improvement (“MMI”) for that injury. The authorized treating provider found no permanent impairment. Claimant disagreed with this finding and requested evaluation by a Division Independent Medical Examiner (”DIME”). The DIME agreed [...]

Special weight given to DIME’s “Findings and Determinations” does not include whether a scheduled injury should be converted to whole person impairment 2020-11-05T16:10:14+00:00

What constitutes a personal deviation while on “Travel Status” and second sample required to claim reduction in benefits due to intoxication

In Skywest, Decedent lived in California while working as a pilot for SkyWest Airlines. In January and February 2018, Decedent was in Denver for flight training during which, he stayed in a hotel. One day, after completing a training test, Decedent and his coworker had a celebratory dinner with drinks. Decedent and coworker continued to [...]

What constitutes a personal deviation while on “Travel Status” and second sample required to claim reduction in benefits due to intoxication 2020-11-05T16:10:13+00:00

Defending Compensability and Statutory Bad Faith in AZ

Applicant allegedly sustained a low back injury on March 22, 2019 that was both unwitnessed and unreported timely to his employer. Applicant filed a Workers’ Report of Injury and the Industrial Commission of Arizona (“ICA”) issued a Notification of Worker’s Compensation Claim. Defendants did not receive these pleadings due to an internal filing error and [...]

Defending Compensability and Statutory Bad Faith in AZ 2020-11-05T16:20:59+00:00