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Gabriel v. Industrial Commission of Arizona - Memo Decision - Arizona Court of Appeals - Division 2 - April 2, 2025

  • Writer: Christopher S. Norton, Esq.
    Christopher S. Norton, Esq.
  • 2 days ago
  • 2 min read



Facts: Kristine Gabriel, a school employee, suffered a concussion in November 2018 and filed a worker’s compensation claim, which was accepted, resulting in temporary disability benefits. ​ Her claim was closed in November 2020 without permanent impairment. ​ Gabriel sought to reopen her claim in February 2021 due to continued pain and unpaid medical bills. ​ The administrative law judge (ALJ) upheld the closure, finding no permanent impairment. ​ Gabriel later claimed the Carrier had not paid her VA medical bills, causing financial hardship. ​ The ALJ found the Carrier was not responsible for the bills due to improper billing by the VA within the required two-year period. ​


Issue(s):

  1. Whether A.R.S. § 23-1062.01 is unconstitutional under the Arizona Constitution. ​

  2. Whether the Carrier should be ordered to pay Gabriel’s VA medical bills related to her industrial injury. ​


Holding:

  1. The court found A.R.S. ​ § 23-1062.01 constitutional, as it does not abrogate the right to recover damages or limit the amount of recovery. ​

  2. The court upheld the ALJ’s decision that the Carrier was not responsible for Gabriel’s VA medical bills due to the VA’s failure to submit appropriate billings within the required timeframe. ​


Key Takeaways:

  • A.R.S. § 23-1062.01 is constitutional and does not infringe on the rights of injured workers to recover damages. ​

  • Proper billing procedures must be followed for a carrier to be held responsible for medical bills. ​ The VA’s failure to submit correct billings within two years absolved the Carrier of responsibility. ​

  • Gabriel’s submission of non-descriptive billings and lack of detailed proof of payment did not meet the statutory requirements for reimbursement. ​


Key Takeaways for Medical Providers:

  • Medical providers must ensure that all billing information is accurate, complete, and submitted within the statutory timeframe to avoid non-payment issues. ​

  • Detailed descriptions of treatment, appropriate medical coding, and legible medical reports are essential for compliance with A.R.S. ​ § 23-1062.01. ​

  • Providers should be aware of the two-year limit for submitting bills to carriers and ensure timely and proper billing to avoid disputes and financial losses. ​


Read Full Decision: IC20240005Memo.pdf

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