Bell v. Indus. Comm’n of Ariz.

Linda Bell was injured at her job and underwent surgery for her injury seventeen months later. Bell requested temporary partial disability (TPD) compensation to reimburse her for the sick leave and vacation time she had used following her injury and before her surgery. The Industrial Commission of Arizona (ICA) denied the request on the ground that Bell did not had not taken time off work during the time period for which benefits were requested and that she did not miss any period of time over one week. The court of appeals affirmed on the ground that Bell failed to prove she had satisfied the waiting period created by Ariz. Rev. Stat. 23-1062(B). The Supreme Court vacated the court of appeals’ opinion and set aside the ICA award, holding (1) the waiting period for compensation set forth in section 23-1062(B) applies to claims for all types of disability including both TPD benefits and temporary total disability (TTD) benefits; and (2) section 23-1062(B) does not require proof of an initial period of TTD but does require proof of seven consecutive calendar days of some type of work-related disability before an injured employee becomes entitled to compensation for any type of disability. View "Bell v. Indus. Comm’n of Ariz." on Justia Law