Gurashi v. Intermountain/Zurich - Memorandum Decision - Arizona Court of Appeals - February 4, 2025
- Christopher S. Norton, Esq.
- Feb 5
- 1 min read
Facts
Maki Gurashi, a forklift operator for Ascend Staffing Agency, injured his back and right leg on December 6, 2022, while stepping down from a step ladder at work.
He continued working in his light duty position and filed a worker’s report of injury on May 19, 2023.
Zurich American Insurance Co. denied his claim due to lack of evidence of an industrially related injury.
Gurashi requested a hearing with the Administrative Law Judge (ALJ), who ultimately denied his claim for failing to promptly report the injury.
Issue(s)
Whether Gurashi’s injury on December 6, 2022, was compensable despite his failure to promptly report it as required by Arizona law.
Holding
The Arizona Court of Appeals affirmed the ALJ’s decision, holding that Gurashi’s failure to report his injury forthwith, as required by A.R.S. § 23-908(E), was not excused and thus his claim was not compensable.
Key Takeaways
Injured workers must report their injuries to their employer promptly ("forthwith") to be eligible for compensation.
Failure to report an injury in a timely manner can result in denial of compensation unless the delay is excused.
The court defers to the ALJ’s findings of fact and reviews legal determinations de novo.
Unrepresented litigants are held to the same standards as attorneys in presenting arguments and supporting them with legal authority and record citations.
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