Legal Question in Workers Comp in Arizona
determining eligibility
15 years ago I was injured in a logging accident, resulting in a fractured vertebra.My treatment was covered by workmen's compensation.I did not receive compensation and did not sign anything to close the case.I returned to logging in spite of some back pain until 1994 when the pain became more severe, and I started a home business.I have unsuccessfully sought sought treatment for the steadily increasing pain, and find that I am unable to run my business due to the chronic pain.How is eligibility for compensation determined?How do I go about getting compensation?
1 Answer from Attorneys
Re: determining eligibility
Eligibility isn't really the issue here. What you first need to know is whether a claim was ever filed with the Industrial Commission. You can call them at 602-542-4661 to find out. They'll also tell you when the claim was closed, and on what basis. Ask for a copy of that. (Arizona law does not require that you "sign off" on a closure.)
If you have no claim on file, you're in a tough position--one that requires a lawyer to get around. If there is a claim, you need to file a Petition to Reopen. Before you can do that you need a medical report from a doctor who says that your injury has caused a new, additional or previously undiscovered condition. When you file a petition, it has some legal affects that you might not want, so I again strongly recommend consulting with an attorney before filing the petition.
I recommend that you consult with a Board-Certified Specialist in workers' compensation. If I can be of help you can reach my office at 602-253-1789 or 800-863-4449. Good luck.
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