In City of Tempe, the applicant had been a patrol officer for nine years when she responded to an emergency call at a Tempe apartment complex. While responding to the scene, the applicant saw two victims, who had been shot in the face, and was one of several officers who found the suspect dead from a self-inflicted gunshot wound in a nearby apartment. The applicant stopped working as a police officer within five months of the call and was diagnosed with post-traumatic stress disorder (“PTSD”). The applicant filed a claim, which was denied, and then protested the denial.

The applicant was injured when he fell to the bottom of a metal stairway at work. The defendants’ IME physician testified that his review of the surveillance video of the fall indicated that it was a “protected fall” because the applicant held his hand out in front of his head as he fell. The physician believed the fall was intentional and did not result in a concussion.

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 […]