Claimant Must Establish Entitlement to Benefits Before Bad Faith Suit

(Merkens v. Federal Insurance Co., Court of Appeals, Division One, Opinion, Filed 5/21/15)

In this bad faith case, the Court of Appeals was asked to address whether an injured worker, who was receiving active care and temporary total disability (TTD) can sue the workers compensation carrier for bad faith and recover unpaid benefits or damages without first challenging the carrier’s termination of benefits at the Industrial Commission of Arizona. Continue reading

Unexplained Injury Rule Clarified

(Todorivic v. Industrial Commission, Court of Appeals, Division One, Opinion, Filed 5/28/2015)

In this unpublished Opinion out of Division One of the Court of Appeals, the Court was asked to overturn the Administrative Law Judge’s conclusion that an Applicant had not sustained a compensable injury. The Applicant worked as a housekeeper at a hotel. One afternoon, she noticed redness and swelling in her right hand. A co-worker suggested she may have been bit while cleaning. The claimant testified, however, she never saw a bug Continue reading

Court Allows Rescission of Insurance Policy Where Employer Conceals Industrial Injury

(CopperPoint General v. Industrial Commission, Court of Appeals, Division One, Published Opinion, Filed 2/24/15)

The issue in this published Opinion out of Division One of Court of Appeals was whether the employer, Walia, had workers’ compensation coverage with CopperPoint on January 24, 2013, when Jensen sustained an on the job injury. The relevant facts are as follows:

In June of 2012, CopperPoint sent Walia a notice of nonrenewal. The policy lapsed effective January 22, 2013. On this same date, Walia sent a Request to Reinstate form, wherein it stated that there had been no new claims or injuries since the expiration date. Continue reading