TEMPORARY PARTIAL DISABILITY COMPENSATION AFFECTED BY BELL V. ICA DECISION
In the state of Arizona, a decision has been made that will impact individuals who are pursuing a claim for workers’ compensation throughout the state. As a result of Bell v. ICA, a case handled by Fendon Law Firm, P.C., injured workers can obtain Temporary Partial Disability even if they are not completely out of work for seven consecutive days. Ultimately, this decision will encourage workers who have suffered injuries that impact their level of ability to work, to continue pushing on to whatever degree they can in their workplace.
The court case began when Linda Bell suffered an injury that caused her to miss work. She took substantial sick leave and vacation time over the course of seventeen months for medical appointments and to receive the treatment needed for recovery from her industrial injury. Because of her time that she spent attending these appointments while continuing to work full time, she made a claim for compensation benefits from the injury.
The Court of Appeals shut down the claim stating that an injured worker must be completely off work for seven consecutive days before they can collect any compensation for the partial disability that has been suffered. When the Supreme Court took hold of the case, it overturned this decision with the view that § 23-1062(B) does not require that an injured worker need to be completely off work for seven consecutive days in order to receive compensation.
All that is needed from the claimant is that they must be at least partially disabled for seven consecutive days, meaning that the claimant is not:
- Working at his or her regular occupation
- Receiving regular pay because of the modified work given or the light-duty status
Another factor that is part of this decision is that the seven consecutive days can take place at any time after the injury has been suffered. The time off can even take place months after the injury occurred.
At Fendon Law Firm, P.C., we recognize the impact of this decision on those who are pursuing compensation after suffering a Temporary Partial Disability. It is important because it encourages employees to remain productive, even after suffering from an injury. Injured workers are encouraged to press on and work at whatever capacity they can, rather than taking work off and staying home.
For more information and to find out what compensation you may receive, speak with Fendon Law Firm, P.C. at once!
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