Legal Question in Workers Comp in Arizona
My 50 year old son has been an instructor at UTI for many years. His work lab area caused him to get very sick. Fumes from automobiles, etc. The ventilation in the building is not good. He has had Many doctor visits, ER visits as well as many tests that have been done over the last three months
The diagnosis has been given as Occupational Asthma.
He was on workmen's comp for 12 weeks and now has been terminated from his job, which he was told by his physician he could not return to the lab area ever again.
His lung capacity now is only 80 %
This has cost him a lot of out of pocket expense even though he has insurance. Now he has to pay the cost of insurance as well as trying to find some way to earn a living.
1 Answer from Attorneys
I'm not sure what your question is, but let me comment on a few things:
1. It's good that his workers' comp claim was accepted.
2. His termination is probably lawful because his own doctor says he can't do the job any more.
3. He should not have incurred any out-of-pocket expense related to his medical care. Workers' comp should pay 100%. But he only gets 2/3 of his Average Monthly Wage as a wage-loss benefit, and that figure is capped. He may have been making a lot more than what comp is paying him 2/3 of...that's the law, and there's really nothing anyone can do about it.
4. It sounds like he is a perfect candidate for vocational rehabilitation. He should seek this by going directly to the Department of Economic Security, Rehabilitation Services Administration, and seeking their help in evaluating and paying for a retraining or education program.
5. He should seek the advice of a workers' comp specialist about whether he's being paid the right amount, and also at the time his claim is changed to permanent disability status.
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