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  1. #1
    Join Date
    Mar 2011
    Posts
    3

    Post 8% Disability and No Money for It

    In 2003 I had an injury and was operated on and was given an 8% disability and the company told me that I get nothing as far as money for it,since then my shoulder has even less use to it,can I get any kind of money for this and get it reavaluated?

  2. #2
    Join Date
    Mar 2011
    Posts
    291

    Default Re: 8% Disability and No Money for It

    since it has been 8 years you may have exceeded the statute of limitations.
    you can contact the ombudsman at 542-4538 for information about filing for a decision from the ICA.

    or you can contact an atty.

    you also can file a Petition to Reopen
    http://www.ica.state.az.us/Claims/Fo...onToReopen.pdf

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: 8% Disability and No Money for It

    ,since then my shoulder has even less use to it,can I get any kind of money for this and get it reavaluated?
    Two different issues there.
    Have you returned to work..same or new ER?
    If so...file a new first report of injury... new claim
    If you have not RTW... the arguement is you have done things to aggreviate the injury, there is no further liability.
    Why wasn't there follow up on this since 2003?

  4. #4
    Join Date
    Mar 2011
    Posts
    3

    Post Re: 8% Disability and No Money for It

    Quote Quoting BvIA View Post
    Two different issues there.
    Have you returned to work..same or new ER?
    If so...file a new first report of injury... new claim
    If you have not RTW... the arguement is you have done things to aggreviate the injury, there is no further liability.
    Why wasn't there follow up on this since 2003?
    My employer told me that they don't pay on injuries that the only thing that I get is medical for it.

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: 8% Disability and No Money for It

    Your ER doesn't make the rules...maybe you can direct him/her here..http://www.azleg.state.az.us/FormatD...23&DocType=ARS
    23-1044. Compensation for partial disability; computation

    A. For temporary partial disability there shall be paid during the period thereof sixty-six and two-thirds per cent of the difference between the wages earned before the injury and the wages which the injured person is able to earn thereafter. Unemployment benefits received during the period of temporary partial disability and fifty per cent of retirement and pension benefits received from the insured or self-insured employer during the period of temporary partial disability shall be considered wages able to be earned.
    Ratings and computation of indemnity can be complex. Without knowing all of the details of your claim, it would be difficult for anyone on a message board to guess what money you may be due ...in benefits.

    Again however, why have you waited since 2003 to address this issue....?

  6. #6
    Join Date
    Mar 2011
    Posts
    3

    Post Re: 8% Disability and No Money for It

    Quote Quoting BvIA View Post
    Your ER doesn't make the rules...maybe you can direct him/her here..http://www.azleg.state.az.us/FormatD...23&DocType=ARSRatings and computation of indemnity can be complex. Without knowing all of the details of your claim, it would be difficult for anyone on a message board to guess what money you may be due ...in benefits.

    Again however, why have you waited since 2003 to address this issue....?
    Since thr employer o e thi ge nothing and I contacted the state workmans comp. administration and they told me the same so I thought there was no chance of getting anything unlI saw this website.

  7. #7
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: 8% Disability and No Money for It

    Anything you may see here regarding your situation is merely opinion...not legal advice.
    If you went to the AZ WC adm/commission, the answer you rec'd is likely the right one.

    I would still raise the quesiton...Again however, why have you waited since 2003 to address this issue....?

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