Dueling Statutes: Which State’s Subrogation Law Should Apply? Variables within America’s mobile economy often produce complex choice of law issues, particularly when it comes to employer/insurer subrogation interests. For example,...
Arizona High Court Says Nebraska Law Prevents Absolute Assignment of Injured Worker’s Third-Party Claim Arizona High Court Says Nebraska Law Prevents Absolute Assignment of Injured Worker’s Third-Party ClaimWhere an employee was injured in a work-related auto accident, incurred $22,000 in medical expenses, a portion of which was paid pursuant to a workers’ compensation claim and the employee...
Employee’s Medical Bills Not Covered by “Medpay” Provision of Arizona Auto Policy Due to Exclusion for Workers’ Compensation Benefits Employee’s Medical Bills Not Covered by “Medpay” Provision of Arizona Auto Policy Due to Exclusion for Workers’ Compensation BenefitsWhere the State of Arizona, through its Department of Corrections, had an ongoing duty to insure that inmates received adequate health services and it contracted with an employment services provider...
Arizona Social Worker Employed At Prison May Not Sue State for Slip and Fall Injuries Arizona Social Worker Employed At Prison May Not Sue State for Slip and Fall InjuriesIn an unpublished decision, an Arizona appellate court found that the evidence in the record supported an ALJ’s award of workers’ compensation benefits to an office worker who sustained a...
Worker’s Fall Was Not Idiopathic, in Spite of Opinion Offered by IME Worker’s Fall Was Not Idiopathic, in Spite of Opinion Offered by IMEAn Arizona appellate court recently upheld a workers’ compensation award in the form of facial disfigurement benefits where the injured worker, a truck driver, sustained a five-inch scar on his...
Arizona: Scar on Neck Qualifies for Facial/Head Disfigurement Award Arizona: Scar on Neck Qualifies for Facial/Head Disfigurement AwardAn Arizona appellate court recently held, as a matter of law, that a workers’ compensation claimant who expressed an intention to record an independent medical examination (“IME”), in the absence...
Arizona: Carrier May Not Suspend Benefits Where Claimant Indicates IME Will Be Recorded Arizona: Carrier May Not Suspend Benefits Where Claimant Indicates IME Will Be Recorded