Legal Question in Workers Comp in Arizona

workmans comp pay

question is am I to collect workmans comp pay for an injur y the occurred on 11/03 and then reoccurred on 1/04 with a new employer. I was paid workmans comp pay from my employer in Nebraska for the orginal injury on 11/03. Employment was terminated by the Nebraska employer once is I was taken off workmans comp. through Nebraska. I was living in Arizona when the injury occurred while employer with the Nebraska employer. I started with a new employer on 1/04 reinjured the area in question and then reinjured again the same area on 2/05. On 3/05 I had surgery on the area in question repairing a torn ligament and torn tendon.

I have been advised by my Aflac representive that I should be entiled to workmans comp pay by current employer and possibly my former employer in Nebraska. Please advise me on this issue. I have plans of returning to work starting on 3/15/05 pending doc's authorization to return to work status full or partial. I await your response to this inquiry. Please send answer to e-mail address provided.

Thank-you

R.H.Price Sr.


Asked on 3/09/05, 2:30 pm

1 Answer from Attorneys
Thomas Stillwell Stillwell Law Office, PLLC

Re: workmans comp pay

Your question concerns what is known as the SUCCESSIVE INJURY DOCTRINE. Basically, that means that the last employer at which you sustain a compensable injury buys the whole injury, including the damage from earlier injuries. The trick, of course, is proving the latest injury--and not the earlier ones--is the cause of your problems. It's even more complicated with your interstate issues.

You would also need both Arizona and Nebraska attorneys to pursue both. You should try to find out which state would pay you more, both for temporary and permanent disability. Also, if you're in Arizona now, there's no guarantee that Arizona doctors will accept Nebraska pay for their services, so an Arizona claim might be an advantage in that regard.

Good luck.

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Answered on 3/09/05, 4:24 pm


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