Legal Question in Workers Comp in Arizona

payment for missed work due to appiontments.

When I have a test or a doctors appointment scheduled during working hours should I still be paid? My injury happen at work.I will most likely need surgery on my rotator cuff, however I am still working.


Asked on 5/19/03, 9:24 pm

1 Answer from Attorneys

Thomas Stillwell Stillwell Law Office, PLLC

Re: payment for missed work due to appiontments.

Arizona law does not provide compensation until the injured worker has lost more than seven days' work due to the accident. The good news is that the courts have held this to be cumulative (not consecutive) days. The bad news is that you must prove that the work loss was a medical necessity. If you take a whole day off for a morning appointment, for instance, the carrier can probably argue that you should only be compensated for the time to/during/from the appointment.

When you have surgery, of course, you will be on a "no work status," and eligible for total temporary disability compensation. This will be 2/3 of your pre-injury average monthly wage, up to $1,600 maximum per month. While on temporary total disability, you should be paid every 14 days.

I hope this is helpful. Please call my office at 602-253-1789 or 800-863-4449 if you have any other questions.

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Answered on 5/20/03, 8:20 pm


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