Arizona court Denies Late Workers’ Compensation Claim for Long COVID, Citing Lack of Incapacity
A recent Arizona court decision underscores the strict timelines for filing workers’ compensation claims, even in cases involving novel or misunderstood conditions like long COVID. The case, Diaz v. Industrial Commission of Arizona, No. 2 CA-IC 2025-0004 (Ariz. Ct. App. 01/20/26, unpublished), highlights the challenges faced by employees seeking coverage when they are unaware of their eligibility or experience delays in diagnosis.
The dispute centered on a claimant who contracted COVID-19 in June 2022 while employed at a nursing home. She subsequently developed long COVID and underwent surgery for a hernia, requiring a brief hospital stay. For over a year,she believed workers’ compensation only covered traditional physical injuries,such as falls or lost limbs. It wasn’t until reading a newspaper article in October 2023 that she realized a COVID-19 diagnosis coudl be grounds for a claim.she promptly filed, but an administrative Law Judge (ALJ) dismissed her request as untimely, citing arizona’s one-year statute of limitations for filing workers’ compensation claims.
The claimant appealed,arguing that her late filing should be excused due to mental incapacity. She pointed to a March 2024 determination by her mental health providers that she met the criteria for a serious mental illness, and also cited ongoing symptoms of long COVID, including brain fog and difficulty concentrating. Arizona law allows for exceptions to the filing deadline if the injured worker was “insane or legally incompetent or incapacitated” during the relevant period.
However, the court sided with the ALJ, affirming the dismissal of the claim. The court reasoned that a claimant’s belated realization of a legal right is not sufficient grounds to excuse a late filing. Furthermore, the court found that the claimant failed to demonstrate the required level of incapacity. While she received a diagnosis of a serious mental illness, that determination came after she had already filed her claim.
“[A] claimant’s belated realization of a legal right is not a legally cognizable basis for excusing an untimely filing,” the court stated.
Crucially, the court emphasized that the claimant had not been deemed incapacitated by a court of law. Her self-reported symptoms of brain fog and difficulty concentrating, while debilitating, were insufficient to establish legal incapacity. the fact that she was not hospitalized – accept for a short period related to her hernia surgery – further supported the court’s finding.
this case serves as a critical reminder for Arizona employees to understand their rights and file workers’ compensation claims promptly. It also underscores the high bar for proving incapacity as a justification for a late filing, even in the context of complex and evolving conditions like long COVID.Employees should seek legal counsel to understand their options and ensure timely compliance with state regulations.
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Why: The claimant, a nursing home employee, filed a workers’ compensation claim for long COVID, but it was dismissed as untimely.
Who: The case involved the claimant, Diaz, and the Industrial Commission of Arizona. The court was the Arizona Court of Appeals.
What: The court upheld the dismissal of Diaz’s claim, finding that her late filing wasn’t excused by mental incapacity or a belated understanding of her rights.
How did it end?: The Arizona Court of Appeals affirmed the Administrative Law Judge’s decision, denying the claimant’s appeal and dismissing her workers’ compensation claim. The court emphasized the importance of filing claims within the one-year statute of limitations and the high standard for proving incapacity.
