Legal Question in Workers Comp in Arizona

Re: time frame for DeQuervain Tenosynovitis

In Arizona there are several deadlines of which you should be aware. First, the Statute of Limitations for filing a workers' compensation claim is one year from the date of injury. In your case, that would probably be 4/15/07, although some might argue that it is 5/20/07. Either way, you're well within your statute of limitations.

Another requirement, however, is that an injured worker must "forthwith report" her injury or illness to the employer, so that they have an opportunity to investigate and/or manage the injury/claim. There is no bright line for this requirement, but generally speaking, if you have already undergone a lot of expensive medical care before reporting the claim to your employer, it will be a tough case to win.

I have handled a couple of cases involving your diagnosis, and one of those cases went to the Arizona Supreme Court. DeQuervain's can be a congenital condition, and the question we appealed was whether or not the work activities contributed "enough" to my client's problems to be considered a valid claim. The Supreme Court stated that all the work activities need to be is "a" contributing factor. The work activities do not, for example, have to have "substantially" contributed (as was urged by the insurance company.)

Please feel free to call my office for a free, no-obligation consultation.