Court Finds That Scheduled Injury Notice is Final

Mattos v. Starwood/Zurich, (Court of Appeals, Division One, Memorandum Decision, filed 7/2/2015)

The issue in this unpublished Memorandum Decision from Division One of the Court of Appeals is whether the original notice of permanent disability, which closed the claim with a scheduled disability for a shoulder and elbow injury, was void on its face and whether the claim should be closed with an unscheduled disability following a petition to reopen. Continue reading

Average Monthly Wage/Seasonal Employment Payable to Dancer

Wozniak v. Industrial Commission, (Court of Appeals, Division One, Published Opinion, Filed 9/24/2015)

The issue in this published Opinion by Division One of the Court of Appeals was whether a ballet dancer is a seasonal employee and whether his average monthly wage should have been calculated using an expanded wage base.

In March 2013, the applicant injured his shoulder while lifting another dancer while working for Ballet Arizona. He filed a workers compensation claim which was accepted by the Continue reading

The ‘Going-and-Coming’ Rule Limitation

Gurtler v. Industrial Commission, (Court of Appeals, Division One, Published Opinion, Filed 7/28/2015)

The issue in this case is whether a trip home is within the course and scope of employment when the employee makes a brief business detour that her employment did not require.

The applicant worked as an assistant auditor for the City of Scottsdale. While driving home from work in her own car, after making a brief business detour to drop off a Continue reading