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  1. #1
    Join Date
    Dec 2012
    Posts
    59

    Default Arizona Workers Comp Laws

    Hello everyone please give me advise/help,

    I can not find details for return to work with restriction benefits. Please read my update;
    Injury 12/21/12, saw family doctor on 12/21/12 and was told they do not deal with WC claims/cases. So I made an appointment with a doctor I had seen in the past for lower back pain on 12/26/12. The doctor took until 1/15/13 to report to IC Claims adjuster, which he reported I can go back to work with restrictions, ordered a cervical spine MRI and gave me pain medication.

    I went back to the doctor on 1/16/13 after receiving results from my cervical spine MRI. The doctor then reported back to the Claims Adjuster;
    1. Unable to work until 1/31/13
    2. Return to transitional duty on 1/31/13 for 10 days with the following restrictions; No lifting over 5 lbs, No reaching above shoulder level, No push or pull over 5 lbs, No kneeling or squatting, No climbing of stairs or ladders, Avoid driving or operating machinery while on MEDICATIONS, No work requiring repetitive bending of 5 times, limited use of right arm/hand and [B]LIMIT SHIFT TO 4 HOURS.[B]

    3. Follow up care; estimated lenght of treatment (months), MRI of right shoulder, Injection

    I am trying to find regulations/laws if THE UNABLE TO RETURN TO WORK UNTIL 1/31/13 WILL DATE BACK TO DATE OF INJURY? ALSO TRYING TO FIND OUT IF I WILL BE PAID FOR 4 HOURS DIFFERENCE?

    Doctors Diagnosis - Cerivcal Ridiculitis, cervical degenerative disk decease and right shoulder pain

    Please help me understand if I will receive any compensation for loss of work and from what dates? Also your thoughts if I should see the doctor before my return to work date so I can let him know I am still in major neck pain, having major headaches, right shoulder pain and lower back pain! BTW my job is no longer available as of 12/28/12!

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: Arizona WC Laws

    No, they don't back date...
    For TTD there is a waiting period, check the comp laws... generally from 3 to 7 days where no benefits are due, after you are off 14 days, the wait days are picked up.

    Other than that, you are paid disability only for the days your Dr certifies disability exists.

    What 4 hours are you talking about...?
    AZ WC info here http://www.helplinelaw.com/usa-statu...20COMPENSATION

    Your #2 above, your ER is not required to determine if a job is available until you are declared MMI. Temp restrictions are not included in the laws.
    BTW my job is no longer available as of 12/28/12!
    If WC stops, and you are released to RTW, you could be eligible for UI benefits.

  3. #3
    Join Date
    Dec 2012
    Posts
    59

    Default Re: Arizona WC Laws

    Thank you for your help,

    The 4 hours refers to transitional duty. Restrictions state I can only work 4 hours a day. My question; does WC pay for the difference from a normal 8 hour day and only able to work 4 hours a day.

    So hard to figure out what is what!!!

    Thank you for your help!!!

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: Arizona WC Laws

    If the law allows for TPD/Temp Partial Disability, you would generally be paid 2/3's of those four hours, the difference between your wage and normal wage.
    Naturally your wage would be subject to taxes, but the TPD would not.

  5. #5
    Join Date
    Dec 2012
    Posts
    59

    Default Re: Arizona WC Laws

    Thank you very much.

    I received a letter yesterday from CA to see one of there doctors in Feb. I am only have a No Work Status until 1-31-13. Why would they want me to see one of their doctors? And I still can't find regulations on TPD or the amount of time you need to be on a No Work Status to receive payment. Thank you again for your time and help,
    Arctic

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: Arizona WC Laws

    They have a right to have you evaluated by a Dr of their choice. It's an IME/Independant Medical Evaluation.

    There is no timeframe to be off if you are TPD. Contact the CA for more info on this. There can be a delay as your ER must provide a wage/earnings statement for each week you work less than your normal schedule.

  7. #7
    Join Date
    Dec 2012
    Posts
    59

    Default Re: Arizona WC Laws

    Thank you BvIA, you are so helpful on this site. I really appreciate you taking time to answer my questions and all of the others you have helped.

  8. #8
    Join Date
    Jan 2013
    Posts
    7

    Default Re: Arizona WC Laws

    Be very careful and document everything you possibly can. They will send you to one of their doctors that will agree with them. It is not an independent medical evaulation because the doctor works for them eventhough thats what they call it. Just document everything and keep going to your PCP. I have been going through this for almost 3 years. Stay away from IME doc Dr. Beghin. he has evauluated me 3 times and changes his opinion to what IC wants. First I was told I needed fusion now he states I can go back to construction work with no restrictions and I have not had any treatment. I'm in bed all day and have to walk with cane constatn pain maybe 3-4 hours of sleep in 24 hour day. Just be very careful and document everything. I hope you have a good attorney you will need one. Be careful with the time between off work 1/31 and your doc apt in Feb they are looking for a slip up to take advantage of. If you want more info check out my other posts. I am more than happy to help or just listen to frustration. Injured workers need to join and stick together to make something change. Be careful and document everything

  9. #9
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: Arizona WC Laws

    They will send you to one of their doctors that will agree with them. It is not an independent medical evaulation because the doctor works for them eventhough thats what they call it.
    Hummmm....who does your Dr work for? Have you paid any medical bills? Wonder why, since the IC is paying for your treatment, your Dr doesn't agree with them.
    IME is a Dr the carrier selects, and yes they pay for the evaluation, to perform an exam and offer an opinion. Much the same as any second opinion... they pay for all treatment and opinions.

  10. #10
    Join Date
    Jan 2013
    Posts
    7

    Default Re: Arizona WC Laws

    I have had to pay some medical bills and currently have a lien from Scottsdale Healthcare for over $110,000. Not to mention numerous bills that I am fighting for IC to pay. As far as paying for treatment, what treatment? Pills! Like I said you need to document everything because resources of injured is finite whereas IC have infinite resources. Just keep head up and fight. It will become your new fulltime job trying to get healthcare that is awarded by law. Have a positvie support group keep fighting.

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