Maricopa County v. Industrial Commission

In Maricopa County v. Industrial Commission, 145 Ariz. 14, 20, 699 P.2d 389, 395 (App. 1985), the Court affirmed an ICA award of compensation for time lost from work while attending medical appointments over approximately fourteen months. 145 Ariz. at 17-21, 699 P.2d at 392-96. But the seven-day threshold period of disability was not in question in Maricopa County and the court did not address the issues we are addressing here. The carrier in Maricopa County was challenging what it considered the "double recovery" of both sick leave pay and temporary partial disability benefits, claiming there was no loss of earning capacity. 145 Ariz. at 18, 699 P.2d at 393. The court specifically noted that "the carrier does not raise the issue of whether the administrative law judge erred in finding claimant met the threshold seven-day disability requirement set forth in A.R.S. 23-1062(B) or in finding that claimant proved a disability extending one week beyond the seven days." Id. at 18 n. 3, 699 P.2d at 393 n. 3. The Maricopa County court did not specifically address whether A.R.S. 23-1062(B) applies to claims for temporary partial disability when the injured worker has not first experienced a period of temporary total disability.