Worker's Leg Injury Limits her to Schedule Benefits Only

Phoenix, AZ (WorkersCompensation.com) -- Where a leg ends and a hip begins sounds like a medical question, but as a recent Arizona case highlighted, it can be an important legal issue too.

In Robbins v. Industrial Commission of Arizona, No. 1 CA-IC 22-0009 (Ariz. Ct. App. 09/29/22, unpublished), the court determined that because an employee experienced a leg injury -- and not a hip injury -- she was not entitled to compensation based on lost earning capacity.

While working for a school district, a worker fell and experienced a femoral fracture. The fracture was repaired by screwing several metal pins through the femur into the femoral head. The pins protruded outside the femur opposite its head. Neither the fracture nor the repair affected the femoral head, and the worker's doctor released her back to work without restrictions.

The carrier concluded that the worker experienced a scheduled left leg injury and issued disability benefits accordingly.

Following a hearing, the administrative law judge gave more weight to the testimony of the doctor who performed an independent medical examination than the worker's treating physician. The ALJ issued an award for a scheduled injury and, on review, the ALJ summarily affirmed the decision.

The worker appealed to court.

Scheduled vs. Unscheduled Injuries

Arizona workers' compensation law classifies permanent partial disabilities as either scheduled or unscheduled. A scheduled injury is one resulting in a loss of all or part of one the listed body parts or senses. Scheduled injuries result in a fixed amount of compensation for a specified period. Also, a scheduled injury is exclusive unless evidence establishes separte and distinct impairment to other body parts.

Any other loss is unscheduled, and compensation is based on lost earning capacity for as long as the disability exists or until the injured worker's death.

The court explained that the issue in the worker's case was that a leg injury was scheduled, while a hip injury was not.

Complete Leg?

Nonetheless, according to the court in upholding the ALJ's finding, "a complete leg extends from where the ball of the femur fits into the socket of the hip to the ankle or foot." Since the worker did not experience complications with her hip, her injury was a leg injury and, thus, it was a scheduled injury for workers' compensation purposes.

"[The worker] did not persuade the ALJ she had disabling pain or loss of function in her hip," the court wrote. "And the ALJ relied on evidence in the record to conclude Robbins has full function of her hip and no residual impairment."

As a result, the court affirmed the ALJ's decision.

Forms, email updates, legal, regulatory, and compliance information from Arizona and 52 other jurisdictions across the U.S. can be found on WorkCompResearch.com.

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