Legal Question in Workers Comp in Arizona

My husband traveled to India from Arizona for work. While he was there he became very ill and had to go to hospital. After going back and for the to the hospital on 3 occasions, he finally decided he was going to come home. He ended up in the hospital here in Arizona to find out he has a parasite that he obtained from India. His employer is stating that whether or not he developed the illness in India or here it is our responsibility to pay for it. Is this correct as he was traveling for work??


Asked on 8/28/09, 12:36 am

1 Answer from Attorneys
Thomas Stillwell Stillwell Law Office, PLLC

For a claim to be valid in Arizona, it must BOTH arise out of employment, and occur in the course and scope of employment. Under the Positional Risk doctrine, an injury arises out of employment if the employer's work or premises increased the risk that the worker would suffer the injury. Can a physician state that it is PROBABLE (not just possible) that the parasite was contracted in India? If so, I believe this is a valid claim.

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Answered on 9/02/09, 7:30 pm


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