Legal Question in Workers Comp in Arizona

determining loss of earning capacity as per ICA

On Nov. 22, 2004 I was injured on the job (laborer) which eventually required surgery (January 25, 2005 partial microdiscectomy-L4/L5). The company's insurance carrier has covered all medical expenses as well as earning loss (at a rate of 66%)pending return to ''light duty''. My date of maximum medical improvement was listed as 5/25/05 and have been given the status of 10% whole person impairment.

My question relates to completing the loss of earning capacity questionaire-While I recently became a labor, my past career was that as an Executive Director for a non-profit organization. I earned a Masters Degree and have 1 year of PhD studies completed. I have attempted to re-enter the field of non-profits but due to my injury, I am having difficulty securing emplyment. My work capacities have been medically limited in the areas of lifting (max 35 lbs occasionally), carrying (max 35 lbs occasionally), overhead lift (max 20 lbs)and pushin/pulling (max 50 lbs) as well as limits to the length of time I can do this type of work.Will including this information help or hurt the loss of earning capacity determination? also I have not pursued any type of legal suit as I do not feel there is foundation as all bills have been paid but..


Asked on 6/22/05, 10:35 am

1 Answer from Attorneys
Thomas Stillwell Stillwell Law Office, PLLC

Re: determining loss of earning capacity as per ICA

Unfortunately, workers' compensation does not concern itself with what you could or might have been doing if you hadn't been at the job where you were hurt. Benefits will be calculated based on a comparison to your average monthly wage in that job, plus any other eligible concurrent employment you might have had. Permanent benefits, if any, will be based on your post-injury earning capacity, compared to the average monthly wage. You get 55% of the difference.

Unless a third party (not your employer or a co-worker) caused your injury, you probably don't have grounds for a civil lawsuit. The Workers' Compensation Act bars you from that.

Sorry I don't have better news for you. Feel free to call for a free consultation. 602-253-1789. 800-863-4449.

Read more
Answered on 6/22/05, 2:43 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in Arizona