Brian Clymer, Attorney at Law

Workers Compensation Archives

Appellate Ruling Establishes Carriers Must Investigate a Claim Before Denying It

We're coming up on the one-year anniversary of an Arizona Court of Appeals decision that held it's bad faith in workers' compensation if a claims adjuster denies a claim without first conducting even a basic investigation. In Tapia v. Indus. Comm'n, 245 Ariz. 258 (App. 2018), the Banner University Medical Center claims adjuster, who denied the injured workers' claim, failed to conduct the insurance-industry standard three-point investigation - that's an unreasonable denial of a claim, said the court of appeals in a published decision. Attorney Laura Clymer litigated the underlying compensability issue in the Tapia case, as well as the administrative bad faith claim at the Industrial Commission.

Seasoned support professionals add valuable experience to Clymer law firm: Meet Susan Polito

Like most organizations, successful law firms are only as good as the administrative and office staff professionals supporting it. It's no different at Brian Clymer Attorney at Law where capable and experienced legal assistants and office administrators 'grease' the wheels of the operation and keep it running smoothly.

Mistake-riddled medical records may lead to delays or denial of medical treatment

Insurers have successfully pushed toward requiring "objective" measures and "evidence-based" medicine before authorizing treatment for patients and injured workers. It means doctors must document their physical exam findings and accurately record the patient's history to justify treatment recommendations.

Streak continues as peers choose Brian Clymer for 2019 edition of 'Best Lawyers'

Brian Clymer was selected again by his peers for inclusion in the 2019 edition of The Best Lawyers in America© in the practice area of "Workers' Compensation Law -- Claimants." This marks the 24th consecutive year that Brian has been chosen in his practice area by his peers.

Beware of new 'full and final' settlement statute

On August 3rd new rules go into effective in Arizona regarding "full and final" settlements. These new rules help workers' compensation carriers and employers but leave unrepresented workers' compensation claimants at risk. The new rules say that Industrial Commission Judges who approve such settlements no longer have to consider whether the settlement is in the "best interests" of the injured worker or "fair and reasonable" to the injured worker. The Arizona Legislature stripped that language from the law in the last legislative session.

Changes in settlement statute strip away protections from unrepresented injured workers

Insurance carriers are salivating at the prospect of settling out numerous claims with unrepresented injured workers, per a new statute that eliminates meaningful review by the Industrial Commission of Arizona to make sure the "full and final" settlements are fair and reasonable to the claimant.

Commission to require notices for 'medical only' claims starting in mid-August

Beginning later this summer, workers' compensation carriers will have to issue a "notice of claim status" when accepting a "medical only" claim. The change will inform injured workers that the carrier has accepted medical liability for the claim. "Medical only" claims are those which pay for the injured worker's medical bills from the injury, but not for lost wages because the injured worker's disability from the injury did not continue in excess of seven consecutive days.