Failure to Report Injury ‘Forthwith’ doesn’t Doom Worker’s Claim

Case File

A worker didn't report his injury "forthwith" as required by Arizona law, but that didn't spell doom for his workers' compensation benefits. Simply Research subscribers have access to the full text of the decision.

Case

Moreno v. Industrial Commission of Arizona, No. 1 CA-IC 23-0032 (Ariz. Ct. App. 10/10/24).

What Happened

A foundry worker hurt his lower back while working. At the time, he was lifting a metal bar of between 40 and 60 pounds when he heard something "pop" in his back. He described the injury as a mild strain that worsened over the following weeks and months. His supervisor did not suggest that the worker see a doctor or provide the worker with paperwork to document the injury.

A new supervisor took over, and the worker reported the lower back strain to him. The HR manager took the worker to an urgent care, where the doctor reported that the strain was not work-related, and no work restrictions were necessary.

Some five months after the "pop," the worker filed a report of injury. The foundry and its carrier raised the defense of failure to "forthwith" report the injury as required by statute. In response, the worker testified that he had reported the injury orally to his supervisor and coworkers, but he offered no corroboration through contemporaneous documents or other witnesses.

The administrative law judge found that the worker was not credible and agreed that he did not report the injury "forthwith." The worker filed for a review and again came up short on his claim for benefits, prompting an appeal to court.

Rule of Law

Per Douglas Auto & Equip. v. Indus. Comm'n, 202 Ariz. 345 (2002), the Arizona Supreme Court has provided two possible excuses for failing to report an accidental injury "forthwith":

(1) When the worker has no way of knowing that an injury occurred or was related to employment.

(2) When the untimely reporting has not prejudiced the employer.

What the Court Said

While the ALJ set forth specific factual findings to support her conclusion that the worker did not report the injury until six months after it happened, the ALJ did not set forth factual findings to support her conclusion that worker did not establish that his failure to report "forthwith" should be excused.

In particular, the court pointed out that the ALJ:

(1) Cited no evidence and made no findings about whether the delay in reporting impeded the employer's ability to conduct a proper investigation.

(2) Cited no evidence and made no findings about whether the worker's injury was aggravated because of the delay in treatment.

"Because these issues were disputed by the parties, the ALJ was required to make specific findings to explain her decision to accept [the employer's] position and reject the worker's," the court wrote.

As a result, the court set aside the award and remanded the case to the ALJ level.

Takeaway

Just because a worker doesn't report his injury "forthwith" doesn't automatically mean his workers' compensation claim won't result in benefits.

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