Weston Montrose

Arizona Injury Law Group was ranked by U.S. News & World Report as a First-Tier "Best Law Firms In Arizona", 2020. Former staff attorney at the Industrial Commission of Arizona. Certified by the State Bar of Arizona as a "specialist" in workers' compensation since 2010. Recognized in Best Lawyers in America since 2013. Admitted to practice in Arizona, California, Arizona Federal Court, and before the United States Supreme Court.

Present the winning oral argument to the Arizona Court of Appeals in a landmark international business/labor case resulting in a publish decision petitioned to the United States Supreme Court for review. Porteadores Del Noroestes S.A. De, C.V. v. The Industrial Commission of Arizona, 234 Ariz. 53, 316 P. 3d 1241 (Ariz.App. 2014). http://caselaw.findlaw.com/az-court-of-appeals/1654911.html

I received an Outstanding Leadership Award from the State Bar of Arizona for 2010-2011 in recognition of my leadership as Co-Chair of the Workers' Compensation Section. I was selected by my peers to be included in "Best Lawyers in America". I have been a featured presenter for the State Bar of Arizona's Annual Workers' Compensation Program and the Industrial Commission's Annual Workers' Compensation Claim Seminar. I have also been a presenting speaker for private legal education providers. .

I currently serve on the legislative committee for Arizona Association of Lawyers for Injured Workers (AALIW). My role includes interacting with lobbyists and industry stake holders, attending legislative sessions, offering legal opinions, and participating in strategy development for the purpose of advancing the interests of injured workers in Arizona. In this role I have testified before legislative bodies and government agencies.

Pepperdine University School of Law

J.D. | Law

1993

University of Arizona

B.S. (1989) | Business Administration

1989

Double Major: Real Estate and Marketing

Honors: 1988, 1989 Dean's Honorable Mention

Staff Attorney

Industrial Commission of Arizona

2004 - 2007

Handled workers' compensation claims, provided legal guidance to agency subdivisions, prosecuted OSHA violation cases and OSHA discrimination cases on behalf of a state administrative agency

Personal Injury: A Case-by-Case Toolkit

June 29, 2020

National Business Institute

Weston presented workers' compensation topics including: overview of laws and concepts, preparing your case, settlement options, hearing tips, and medicare set-asides.

Workers' Compensation Certified Specialist

State Bar of Arizona

2010

Outstanding Leadership Award

State Bar of Arizona

2010

In recognition as Co-Chair of the Workers' Compensation Section.

State Bar of Arizona  # 015500

Member

Current

Arizona Attorneys for Injured Workers (AALIW)

Member - Public Policy Committee

Current

Arizona

State Bar of Arizona

Since 1994

California

State Bar of California

Since 1993

U.S. Supreme Court

Since 2015

• Free Consultation
• Contingent Fees

Workers' Compensation

Personal Injury

Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death

Q. Can something still be done if my injury was a few months ago (maybe 5 months ago)?

November 29, 2022

A: The Arizona workers' compensation system is a "no fault" system. That means that an injured worker is entitled to claim benefits even if the accident was their "fault" (or part their fault). You have one year from the date of injury to file a claim for benefits with the Industrial Commission of Arizona but you shouldn't delay in filing. Here is the link to the ICA web site where you can find the form. They also have other information that you may find helpful. https://www.azica.gov/forms/claims0407

Q. My dad was affected and awarded compensation in brush wellman/beryllium lawsuit he said after his death I get settlement

March 31, 2022

A: It sounds like your issue is related to a personal injury or perhaps a class action matter. If it was then you should try reaching out to the attorney who represented your dad (or the lawyer representing the class) to determine what you need to show to establish your interest in the settlement. I suspect you will need a death certificate and proof that you are the beneficiary of your dad's estate (such as the will). If you mother is still living she will be presumed to have an interest and/or any siblings as well. You may also need the assistance of a probate attorney. Good luck!

Q. If I am on workers comp, and my current employer cannot work with my work restrictions,what is the issue for new job?

August 19, 2020

A: Here are some instructions I supply to my clients who have been released to work with restrictions: RETURN TO WORK WITH RESTRICTIONS (LIGHT DUTY) You have been released to modified work. If you are unable to return to your job or are receiving a lesser income due to your injury, you may still be entitled to receive “temporary partial” benefits. In order to receive benefits, you need to understand the following: • Temporary partial benefits are payable every 30 days. • Complete a Monthly Status Report indicating any income and/or the efforts of your good faith search for work within your restrictions. Your temporary partial benefits are not determined until the insurance company is provided with the completed form. • You are required to make yourself available for employment, making a sincere effort to find work within your physical limitations. This applies even if you have significant limitations (for example: “seated work only” or “no use of arm” or “no lifting over 5 lbs”). • You should start by going to you date of injury employer to inform them that you have been released to work with restrictions (provide them with a copy of the medical note stating your current limitations). • If your date of injury employer offers you light duty work (within the restrictions specified on the medical note) you should accept the offer (even if it is for a different position, for less hours, or at a reduced rate of pay). If your date of injury employer is unable or unwilling to offer you modified work within your restrictions you are then obligated to make a good faith attempt to find other work (even if this is a temporary position, a different occupation, part time, or at a lower rate of pay). • You can satisfy your obligation to find other work using any reasonable method (for example: answering ads from Craigslist, filling out online applications, submitting an application or resume through an online job search site, filling out or submitting a written job application in person at a place of possible employment, or just asking any potential employer if they have suitable work available). • List on the form the places where you have sought employment- at least three places for each monthly report. • If you do have earnings (either with your date of injury employer or some other employer) report your gross earnings (wages before taxes or any other deductions) but do not include any vacation pay, sick pay, or other benefits you receive that were accrued prior to your injury. If you have no earnings you must write “0” or “none” as your earnings. • If you receive unemployment checks, indicate the amount on the form as “gross earnings” in the designated space. Once you have completed the form and it is signed/dated send it to your lawyer, NOT the insurance company. Your “temporary partial” benefits should then be calculated as follows: 66 2/3 of the difference between whatever you earned (or received from unemployment) and your Average Monthly Wage.