The average monthly wage should reflect the injured worker’s actual monthly earning capacity.

Substantial justice requires that the resolver of testimonial conflicts, for either expert or non-expert witnesses, directly hear all conflicting testimony.

In J-King Excavating, the defendant employer appealed a decision finding that the applicant was an employee. Mr. Ellis was the sole owner of J-King Excavating. Mr. Ellis testified that he did not have employees, only independent contractors, and that he had an open-ended relationship with the applicant, but the job that she was hurt by was her last job with him.

In Villegas, the applicant filed a request for hearing protesting compensability. There was a dispute in the medical experts’ opinions as to whether the applicant suffered an aggravation of his pre-existing degenerative lumbar spine condition or whether he had a lumbar strain / sprain. A hearing was held and the ALJ found the claim to be compensable.

In the case of a Tucson paramedic suffering depression and post traumatic stress disorder the city denies the claim and the court rules the claim was timely made, and that the city failed to meet the burden of evidence based on timing of the injury.

An independent contractor makes an injury claim against the business that hires him after his semi-tractor tariler truck flips over and the business is found not responsible for the claim.

In Knutson, the claimant injured herself while loading groceries in a customer’s SUV by hitting her head on the hatch door. The claimant developed speech and vision problems and light sensitivity. A family friend, who was also an ER doctor, performed an evaluation and concluded she had a significant brain injury. After an IME by […]

In Orosco, an IME was scheduled in February, 2021 to determine whether the claimant had reached medically stationary. When the claimant failed to attend the IME, his benefits were suspended. In April, the claimant’s attorney notified the Special Fund that his client never received the IME notice, requested the suspension of benefits be lifted, and […]

In Fry’s Food Stores, the claimant’s benefits were approved after the ALJ refused to allow the employer/carrier to perform a new IME. The claimant injured his groin while lifting a heavy object at work. He was diagnosed with an injury to his left testicle and fluid build-up. This led to the removal of the claimant’s […]

In James, the claimant worked as a school bus driver from May 2018 to September 2019. After her employment ended, the claimant filed a claim for benefits based on a “hostile, stressful work environment” that she claimed built up over time due to a lack of support. The claimant had been a school bus driver for […]