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Steven J. Bruzonsky

Attorney At Law

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Steven J. Bruzonsky
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Gilbert, AZ 85234
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Please note that Attorney Bruzonsky has been doing this regular “Liens Corner” column since April 2006. His last “Liens Corner” article was for the November/December 2017 issue of The Advocate, having stepped down from this regular column, as he now works part-time (and is part-time retired) exclusively handling large subrogation/lien claims in very large personal injury and medical malpractice cases for other attorneys. However, attorney Bruzonsky may add notes to this website under the subject lien article headers from time to time. (Please keep in mind that this site contains general information for educational purposes only. It is not intended to provide legal advise, which can only come from a qualified attorney who is familiair with all the facts and circumstances of your specific case and relevant law.) 

 

 

2014-05/06: Acosta Case That No Automatic Assignment to Workmen's Compensation Carrier After One Year

June 25th, 2016 11:50:14 am


This article has been published in “The Advocate”, a monthly publication of the Arizona Association for Justice/Arizona Trial Lawyers Association, May – June 2014 issue, @2014 by Steven J. Bruzonsky, Esq.

 

 

May/June 2014 Lien Updates

 

 

Workers Compensation Liens – No Automatic Assignment of Injury Claim To Worker’s Compensation Carrier After One Year:

 

Traditionally, the understanding has been that the Workers Compensation carrier is automatically assigned the injured party’s personal injury claim against a third party after one year from the accident/injury, if a lawsuit is not filed prior to that time. Surprisingly, we learned in Acosta v. Kiewit-Sundt, No. 1 CA-CV 13-0019 (Az. Ct. App. Jan. 23, 2014) that all of us were wrong. Division One explains therein that the Arizona Leglislature’s 2007 amendment to A.R.S. § 23-1023, which deleted the phrase “deemed assignment”, changed the prior rule which required this automatic assignment. This is even though the statute retains language which references a reassignment. What does this mean to Arizona personal injury attorneys? Probably that we no longer need to file a lawsuit prior to one year post-accident , and it is safe to file within the two year tort Statute of Limitations for auto accidents, slip and falls and other on the job accidents where a third party may be liable (please do this at your own risk, not mine, as I am making an educated guess).



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© Copyright 2006, Steven J. Bruzonsky, Attorney
Terms of Use: This site contains general information for educational purposes only. It is not intended to provide legal advise, which can only come from a qualified attorney who is familiar with all the facts and circumstances of your specific case and relevant law. If you use this site, or send information or e-mail the attorney, such action does not create an attorney-client relationship. For legal advise please personally consult with an experienced attorney like Steven J. Bruzonsky.