LEAVING THE STATE WHILE A
WORKERS’ COMPENSATION CLAIM IS OPEN
By Molly Ocampo, Attorney
We
often have clients who need to move out of state for various reasons while
their workers’ compensation claim is open and/or is in litigation. This situation can present various issues for
the injured worker and their attorney. Arizona Revised Statutes § 23-1071(A) provides
that “[n]o employee may leave the state of Arizona for a period exceeding two
weeks while the necessity of having medical treatment continues, without the
written approval of the commission. Any employee leaving the statue of Arizona
for a period exceeding two weeks without such approval will forfeit the
employee’s right to compensation during such time, as well as the employee’s
right to reimbursement for the employee’s medical expenses, by reason of the
violation of this section, will not be compensated.”
If
a claimant needs to leave the state of Arizona for longer than two weeks while
they are receiving benefits, or while their claim is in litigation, it is very
important that they request permission from the Industrial Commission prior to
their departure. If the claimant is
represented, their attorney will request the permission on their behalf. If the worker leaves the state without permission, the insurance
carrier can suspend all of their benefits, including their temporary benefits,
if a physician has them off of work or on modified duty. The Commission usually will grant a
claimant’s request to leave the state, absent unusual circumstances.
As
a practical matter, it may not be a good idea for a claimant to leave Arizona
while their claim is open. If the
claimant is getting medical treatment under their claim, they will be
responsible for finding a physician in the new state to take over care. This can be difficult because the doctor
assuming care may not be knowledgeable about the Arizona workers’ compensation
scheme. Additionally, the doctor assuming treatment would be paid for their
services based upon the Arizona Fee Schedule, rather than the rates in their
state. Finally, the claimant may need
their doctor to testify if the claim goes into litigation. It can be very difficult to work with an out
of state doctor when it comes to testifying, because they are not familiar with
the laws and procedures in Arizona, and the Industrial Commission's subpoena
powers are very limited.
Even
if a claimant gets permission to move out of state and finds a doctor to take
over their treatment, they may still be required to return to Arizona
periodically for hearings or independent medical evaluations. If the claim goes
into litigation, the claimant will need to present to testify at the initial
hearing, unless the Judge grants permission for them to testify
telephonically. The insurance carrier is
entitled to have the claimant evaluated in an independent medical evaluation
from “time to time” so travel would be required for those appointments as well
(although the Carrier would have to reimburse the claimant for their travel
expenses).
An
injured worker should always consult with their attorney before leaving the
state of Arizona for longer than two weeks, to evaluate how that would affect
their case.
For more information on Workers' Compensation or Social Security Disability, please contact Snow, Carpio & Weekley toll-free at 855-325-4781 or visit our website at www.workinjuryaz.com. We serve the entire State of Arizona and have offices located in Phoenix, Tucson, Yuma and Lake Havasu City.
