Legal Question in Workers Comp in Arizona

I am self representing plantiff, and defendants raised affirmative defense A.R.S. 23-1061(H). However, the defendants are the ones that provided "justifiable reliance." IE the employer workers compensation department told myself the next step would be to petition to reopen, when they knew the claim was already denied. Do I just present the evidence paperwork in court, or do I need to file something ahead of time? I was ok going into the workers comp alone, but now that "bad faith" on their behalf is needed to be shown, I may need assistance. Feel free to also contact me in regards to services if this is of interest to you.


Asked on 3/28/11, 7:50 pm

1 Answer from Attorneys
Thomas Stillwell Stillwell Law Office, PLLC

Reopening is a complex procedure. Representing yourself is a bad idea unless competent specialists in workers' compensation have turned down your case. Your question does not provide enough information to give even a general answer.

If in fact your claim was denied, however, then reopening under 23-1061(H) is not legally available to you. That statute only applies to claims that have been accepted and open, then closed.

You may wish to look up the case of Gerhardt v. Industrial Commission, 889 P.2d 8, 181 Ariz. 215 (App. 1994). It sounds like some of the language in that case might apply to your situation.

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Answered on 3/28/11, 8:40 pm


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