Legal Question in Workers Comp in Arizona
Loss of Earning Capacity
My husband was a beverage delivery driver and has been on Workers Compensation for 9 months. The insurance company has reduced his monthly benefit because of the Labor Market survey that was submitted said that he could drive for a number of freight companies. The problem is that the Industrial Commission has not yet decided the claim, can they reduce the monthly without the final decision? Also, the Doctor that he has been seeing and authorized by the Insurance Company neglected to write in his final report that my husband should not drive trucks any more. We have asked him to resubmit the report, is it to late? And will it be considered?
1 Answer from Attorneys
Re: Loss of Earning Capacity
The industrial carrier DOES have the authority to (temporarily) decide how much permanent disability to pay. The Industrial Commission, however, should have sent you a Lost Earning Capacity Questionnaire, which permits you to give them details such as the information from your doctor. You do need that in writing.
Even if you have already returned the LEC Questionnaire, however, you can still send in additional information to the Commission at this address:
Industrial Commission
Awards Desk
800 West Washington
Phoenix, AZ 85007
Permanent Disability is usually an excellent time to consult with an attorney. Most of us offer free (no-obligation) consultations. Please call 602-253-1789 if you would like to do so. If you are outside Phoenix, you can call me toll-free at 800-863-4449. Good luck.
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