Chapter 5. INDUSTRIAL COMMISSION OF ARIZONA

A. The Department shall serve a copy of a claimant’s wage claim form on the employer listed on the wage claim, with a request that the employer complete and file the employer response form within 14 days of the date of service of the Department’s request. B. If the Department doe…

A. During the investigation of a claim, the Department may mediate and conciliate a dispute between the claimant and the employer. B. If mediation results in an informal resolution of the claim, the Director or the Director’s designee shall prepare and ensure execution of documen…

A. The Department shall dismiss a claim if: 1. The claim is filed more than one year after the date of the accrual of the claim, 2. The claimant does not comply with R20-5-1003(F), 3. The amount of wages owed exceeds $5,000.00, 4. The Department’s investigation of the claimant’s …

A determination issued under A.R.S. § 23-357 shall include a notice informing the parties of their right to seek review under A.R.S. § 23-358 and § 12-901 et seq. Historical Note Adopted effective January 26, 1988 (Supp. 88-1). R20-5-1007 recodified from R4-13-1007 (Supp. 95-1). …

A. The Department shall send any payment of a wage claim received by the Department to the claimant by certified mail, return receipt requested, unless the claimant elects to pick up the check in person at the Department. B. If the Department discovers that payment of a wage clai…

A. A determination, notice, or other document required by this Article or other law to be served upon a party, shall be made upon the party, or, if represented by legal counsel, the party’s legal counsel. Service upon legal counsel is considered service upon the party. B. Service…

A. This Article applies to all actions and proceedings before the Commission resulting from: 1. Injuries that occurred on or after January 1, 1969; 2. Petitions to Reopen or Petitions for Readjustment or Rearrangement of Compensation filed on or after that date. B. The Commission…

In this Article, unless the context otherwise requires: “Act” means the Arizona Workers’ Compensation Act, A.R.S. Title 23, Ch. 6, Articles 1 through 12. “Authorized representative” means an individual authorized by law to act on behalf of a party who files with the Commission a …

The principal office of the Industrial Commission of Arizona is located in Phoenix, Arizona. An office is also located in Tucson, Arizona. The offices are open on business days from 8:00 a.m. until 5:00 p.m. Historical Note Former Rule 3. Amended effective March 1, 1987, filed Fe…

A. A claimant or their authorized representative shall advise in writing to the Commission and carrier or self-insured employer of the claimant’s current mailing address and place of residence. If a claimant files a workers’ compensation claim against an uninsured employer, the c…

A. A report, document, instrument, videotape, audiotape, or other matter required to be filed with the Commission under A.R.S. § 23-901 et seq. and this Article shall be filed within the time required by law and this Article. B. For purposes of computing time under this Article, …

A. The following forms, and accompanying instruction sheets, are available at http://www.azica.gov or upon request from the Commission Claims Division, and shall be used when applicable: 1. Employer Report of Injury, 2. Worker’s and Physician’s Report of Injury, 3. Worker’s Repor…

A. An individual completing a form or document shall fill out the form or document legibly and completely. B. A party shall sign any form or document that is required by A.R.S. § 23-1028(D). C. A party or a party’s authorized representative shall sign all other forms or documents…

A. Except as provided in this Section, a claims file maintained by the Commission is private and confidential and the Commission shall not make the claims file available for inspection and copying. For purposes of this Section, “claims file” means the official record maintained b…

If an employee dies as a result of an injury by accident arising out of and in the course of employment, the employer shall report the death to the Commission’s claims division no later than the next business day following the death. The report shall state the name of the employe…

If a claim is filed for compensation for death from an industrial injury and an autopsy is requested, the expense of the autopsy shall be borne by the requesting party. Historical Note Former Rule 10. Amended effective March 1, 1987, filed February 26, 1987 (Supp. 87-1). R20-5-11…

A. A physician shall complete and file with the Commission a physician’s initial report of injury under A.R.S. § 23-908(A) within eight days after first providing treatment to an injured worker. The physician shall report the injury: 1. Using the Worker’s and Physician’s Report o…

A. If a claimant’s disability extends beyond seven days, every physician who attends, treats, or examines the claimant shall provide to the carrier, self-insured employer, or special fund division, at least once every 30 days while the claimant’s disability continues, a personall…

A. If the Commission or a party requests an examination of a claimant by a physician, the party requesting the examination shall serve the claimant, or if represented, the claimant’s attorney of record, with notice of the time, date, place, and physician conducting the examinatio…

ARTICLE 12. ARIZONA MINIMUM WAGE AND EARNED PAID SICK TIME PRACTICE AND PROCEDURE Article 12, consisting of Sections R20-5-1201 through R20-5-1220, made by final rulemaking at 13 A.A.R. 4315, effective January 13, 2008 (Supp. 07-4). Emergency renewed at 13 A.A.R. 2785, effective …

A. The effective date of an order granting or denying a request to leave the state under A.R.S. § 23-1071(A) is the date a claimant files a request to leave the state with the Commission. B. For purposes of A.R.S. § 23-1071(A): 1. “Leave the state” means to travel across the stat…

A. If a claimant is directed by a carrier, self-insured employer, or special fund division to report for a medical examination or treatment in a locality other than either the claimant’s current place of residence or employment, the carrier, self-insured employer, or special fund…

A. A carrier, self-insured employer, or special fund division, shall pay bills for medical, surgical, and hospital benefits provided under A.R.S. § 23-901 et seq. according to applicable medical and surgical fee schedules adopted by the Commission and in effect at the time the se…

A. If a notice of claim status accepting a claim for benefits is final, any subsequent notice of claim status that changes a claimant’s amount of, or entitlement to, compensation or medical, surgical, or hospital benefits shall not have a retroactive effect for more than 30 days …

A. Except as otherwise provided by law, if an employer is insured for workers’ compensation insurance and a claimant, or in the event of death, the claimant’s dependent, elects to proceed against a third party, the claimant shall notify the appropriate workers’ compensation carri…

If an employee serves upon an employer written notice under A.R.S. § 23-906(B), rejecting the provisions of the Act, the employer shall keep one copy of the rejection in the employer’s business records. Historical Note Former Rule 19. Amended effective March 1, 1987, filed Februa…

A. An election by an employee to reject the Act is not binding upon the employee in a new employment by another employer or following re-employment by the same employer. B. If an employee is continuously employed and the employer changes workers’ compensation carriers, form of do…

A. This Article applies to all actions and proceedings before the Industrial Commission of Arizona arising under A.R.S. Title 23, Articles 8 and 8.1. B. The Industrial Commission of Arizona shall provide a copy of this Article upon request to any person free of charge. Historical…

In this Article, the definitions of A.R.S. §§ 23-362 (version two), 23-371, and 23-364 apply. In addition, unless the context otherwise requires, the following definitions shall apply to both the Act and this Article: “Act” means A.R.S. Title 23, Chapter 2, Articles 8 and 8.1. “A…

A. A complainant shall provide and keep the Labor Department advised of the complainant’s current mailing address and telephone number. B. An employer under investigation by the Department shall provide and keep the Labor Department advised of the employer’s current mailing addre…

Forms prescribed by the Department, including the poster required under R20-5-1208, shall not be changed, amended, or otherwise altered without the prior written approval of the Department. Historical Note New Section made by emergency rulemaking at 13 A.A.R. 473, effective Janua…

A. Determination of an employment relationship under the Act, which includes whether an individual is an independent contractor, shall be based upon the economic realities of the relationship. Consideration of whether an individual is economically dependent on the employer for wh…

A. Subject to the requirements of the Act and this Article, no less than the minimum wage shall be paid for all hours worked, regardless of the frequency of payment and regardless of whether the wage is paid on an hourly, salaried, commissioned, piece rate, or any other basis. B.…

A. In this Section, unless the context otherwise requires, “customarily and regularly” means receiving tips on a consistent and recurrent basis, the frequency of which may be greater than occasional, but less than constant, and includes the occupations of waiter, waitress, bellho…

A. With the exception of small employers, every employer subject to the Act shall place the posters prescribed by the Department informing employees of their rights under the Act in a conspicuous place in every establishment where employees are employed and where notices to emplo…

A. Each employer shall keep the records required under the Act and this Article safe and accessible at the place or places of employment, or at one or more established central recordkeeping offices where the records are customarily maintained. When the employer maintains the reco…

An employee’s rejection of the Act received by an employer before the employer complies with the requirements of A.R.S. §§ 23-961(A) or 23-906(D) is valid and continues in full force and effect whether the employer subsequently obtains workers’ compensation coverage under A.R.S. …

A. Payroll records required to be kept under the Act include: 1. All time and earning cards or sheets on which are entered the daily starting and stopping time of individual employees, or of separate work forces, or the amounts of work accomplished by individual employees on a da…

A. A person or organization alleging a minimum wage, earned paid sick time, or equivalent paid time off violation shall file a complaint with the Labor Department within one year from the date the wages, earned paid sick time, or equivalent paid time off were due. B. A person or …

An employer hinders an investigation under the Act if the employer engages in conduct, or causes another person to engage in conduct, that delays or otherwise interferes with the Department’s investigation, including: 1. Obstructing or refusing to admit the Department to any plac…

A. Except as provided in R20-5-1219, after receipt of a complaint alleging a violation of the Act, the Department shall issue a Findings and Order of its determination. The Department shall serve its Findings and Order to both the employer and the complainant. Service may be made…

A. Except as provided in R20-5-1213(D), a party aggrieved by a Findings and Order issued by the Department may request a hearing by filing a written request for hearing with the Department within 30 days after the Findings and Order is served upon the party. Failure to timely fil…

A. A party may request rehearing or review of a decision issued under R20-5-1214 by filing with the Administrative Law Judge a written request for rehearing or review no later than 15 days after the written decision is served personally or by regular first class mail upon the par…

A. A party aggrieved by a decision upon hearing issued under R20-5-1214 or a decision upon review issued under R20-5-1215 may seek review by commencing an action in the Superior Court as provided in A.R.S. § 12-901 et seq. within 35 days from the date a copy of the decision sough…

The Department may assess civil penalties for violations of the Act and this Article, including the assessment of civil penalties for engaging in conduct that hinders an investigation of the Department as specified in R20-5-1212. Historical Note New Section made by emergency rule…

A. Upon determination that wages, earned paid sick time, equivalent paid time off, or penalty payments are due and unpaid to any employee, the employee may, or the Department may on behalf of an employee, obtain judgment and execution, garnishment, attachment, or other available …

Notwithstanding any other provision of law, the Department may mediate and conciliate a dispute between the parties. Historical Note New Section made by emergency rulemaking at 13 A.A.R. 473, effective January 25, 2007 for 180 days (Supp. 07-1). Emergency renewed at 13 A.A.R. 278…