AZAPP is a blog that provides a thorough, up-to-date, and efficient resource to stay abreast of significant developments concerning civil cases in Arizona's appellate courts - the two Divisions of the Arizona Court of Appeals and the Arizona Supreme Court.
AZAPP Update (Subscribe)
Contributors
Archives
AZAPP Blog
<< View Current Articles
Monday, October 30, 2006
Meiners v. University of Arizona (10/27/06): Res Judicata Precludes Reduction of Worker’s Compensation Benefits Absent Petition for Rearrangement by Insurer.
In the context of a hearing requested by the employee to determine whether the employee’s physical condition or earning capacity has changed after a benefit award has become final, an Administrative Law Judge may not find the employee’s earning capacity has increased absent a petition for rearrangement filed by the employer or carrier pursuant to A.R.S. § 23-1044(F). Absent such a petition, res judicata principles preclude an Administrative Law Judge from reducing a petitioner employee’s workers’ compensation benefits.
Judge Brammer authored the opinion; Judges Eckerstrom and Espinosa concurred.
In the context of a hearing requested by the employee to determine whether the employee’s physical condition or earning capacity has changed after a benefit award has become final, an Administrative Law Judge may not find the employee’s earning capacity has increased absent a petition for rearrangement filed by the employer or carrier pursuant to A.R.S. § 23-1044(F). Absent such a petition, res judicata principles preclude an Administrative Law Judge from reducing a petitioner employee’s workers’ compensation benefits.
Judge Brammer authored the opinion; Judges Eckerstrom and Espinosa concurred.
Posted date: Mon, Oct 30, 2006
