Earlier this year,
2013, an opinion was issued by the Arizona Court of Appeals which decided
whether someone who suffered scarring on their neck while working was eligible
for permanent disability benefits.
In this case, a
truck driver was transporting sulfuric acid and noticed that the acid was
leaking from a hose and went to replace the hose. When the hose became loose it
sprayed acid on his face and neck, which caused permanent scarring on his neck (but
not his face.) Initially, the Industrial Commission of Arizona awarded the
truck driver workers’
compensation permanent disability benefits based upon the scarring to his neck,
but later took away the award.[1]
The truck driver requested a hearing and testified
about his injuries and medical treatment. The Administrative Law Judge expressed
concern about whether the truck driver’s injuries constituted a “facial disfigurement.” The scar on his neck was
between 4 to 5 inches and was visible at more than 20 feet. He also had
discoloration on the right side of his face.
The administrative law judge had to decide if scarring on the neck should be included in a facial
disfigurement and compensated as a permanent disfigurement. The administrative law
judge in this case decided that a neck scar did qualify for permanent
disability benefits.
The Court of Appeals affirmed the Industrial Commission’s
award and concluded that the injured worker was correctly found to be entitled
to permanent disability benefits for the scarring on his neck.
Why is this important?
Arizona law states that in order for you to be
compensated for permanent disfigurement (scarring), it must be “about [your]
head or face.”[2] Although the statute did
not directly state that permanent disfigurement of the neck is compensable, the
Court held in this case that the language “about the head or face” included the
neck. [3] This
case demonstrates that even if the language of the law does not specifically
include your condition, the court may interpret that law liberally to include
it, depending on the facts of your case.
Having a licensed attorney certified by the State Bar of Arizona as a specialist in workers’ compensation in your corner can make all the difference for you.
Briana E. Chua
has been licensed to practice law in Arizona and California for over 10 years and
is a Certified Specialist in Workers’ Compensation by the State Bar of Arizona.
She received her B.S. in Speech from The University of Texas at Austin and
obtained her J.D. from the Arizona State University. There, she served as an
articles editor for the Arizona State Law Journal and completed an externship
with Chief Judge Stephen M. McNamee of the United States District Court,
District of Arizona. Briana was the 2011-2012 President of the Arizona Asian
American Bar Association and the 2012 Co-Chair of the State Bar of Arizona
Workers' Compensation Section. She is currently the Treasurer of the Arizona
Association of Lawyers for Injured Workers and Benefits Officer of the Animal
Law Section of the State Bar of Arizona. She is a member of Los Abogados.
Additionally, she is a contributor to the
revised edition of the Arizona Workers' Compensation Handbook.Hispanic Bar Association and the Maricopa County Bar Association.
Contact Ms. Chua on the web at www.InjuredWorker.com
or by phone at 1-888-650-4798 for your free consultation.
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