Chapter 5. INDUSTRIAL COMMISSION OF ARIZONA

A. Any interested party or the party’s authorized representative, except as otherwise provided by law or this Article, may request a hearing on a claim. A request for hearing shall be in writing. B. A party filing a request for hearing shall serve a copy upon all other parties at…

A. The chief administrative law judge shall maintain a hearing calendar. The chief administrative law judge shall ensure that a request for hearing filed in accordance with this Article is: 1. Placed on the hearing calendar, and 2. Assigned to an administrative law judge who is d…

A. At any time before the filing of a request for hearing, parties may resolve issues by written stipulation. The parties shall file the stipulation with the Commission for approval or other action as may be appropriate. B. If the Commission determines that a written stipulation …

A. A presiding administrative law judge may hold an informal conference to: 1. Resolve and dispose of disputed issues; 2. Narrow or limit the scope of the issues to be considered at a subsequent hearing; 3. Simplify the method of proof at a hearing; or 4. Eliminate the need for h…

A. Except as provided in this Section, an administrative hearing file maintained by the Commission is private and confidential and the Commission shall not make the administrative hearing file available for inspection and copying. For purposes of this Section, “administrative hea…

A. A party may request a presiding administrative law judge to issue a subpoena to compel the appearance of a non-medical witness by filing a written request with the presiding administrative law judge at least 10 days before the date of the first scheduled hearing. B. A party ma…

A. A party may take the oral deposition of another party or a witness residing in Arizona by serving a Notice of Deposition by Oral Examination upon the deponent and every party at least 10 days before the date of the oral deposition and at least 40 days before the first schedule…

A. A party shall obtain permission from a presiding administrative law judge before taking an out-of-state oral deposition of another party or a witness by filing a written request with the presiding administrative law judge that contains: 1. The name and address of the party or …

A. After a party files a request for hearing with the Commission, any party may serve written interrogatories upon another party. A party shall serve written interrogatories at least 40 days before the initial hearing. B. A party shall not serve more than 25 interrogatories, incl…

A. If a party or deponent refuses to answer any question asked at a deposition under R20-5-210 or R20-5-211, the party asking the question shall either complete the deposition in other matters or adjourn the deposition. With notice to all persons affected by the deponent’s refusa…

A. Any document required by this Article or other law to be served between parties, 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 may be made and is deemed …

A. A party shall rest at the conclusion of the presentation of their evidence. If there is a dispute as to which party has the burden of proof, the presiding administrative law judge shall direct who has the burden of proof. B. If a presiding administrative law judge prohibits a …

A. A claimant, whether or not represented by an attorney, shall appear personally at any hearing without the necessity of subpoena unless excused by the presiding administrative law judge. Appearance by video at a remote hearing satisfies the requirement of personal appearance. B…

A. An administrative law judge may join as a party any person or entity in favor of whom or against whom a right to relief may exist and over whom the Commission may acquire jurisdiction. B. Joinder may be made upon application of any party or upon the presiding administrative la…

Any party against whom a claim may exist under the Act, or against whom a contingent liability may exist under the Act, and over whom the Commission has not acquired jurisdiction, may enter a special appearance. A special appearance made under this Section does not invoke the jur…

A. Subject to the requirement of subsection (D), parties may stipulate to any fact or issue after a party files a request for hearing. The stipulation may be in writing or made orally at the time of hearing. B. A stipulation is binding upon the parties unless a presiding administ…

A. No settlement agreement, compromise, release, waiver of rights, or full and final settlement of a workers’ compensation claim, will be valid unless approved by the Commission. B. The acceptance of any payments or the signing of a settlement agreement, compromise, release, waiv…

Any party may request that all other witnesses except the parties be excluded from the hearing until called to testify. The presiding administrative law judge may, in the judge’s discretion, grant or deny the request. If the request is granted, the presiding administrative law ju…

A person submitting correspondence, including subpoena requests, to an administrative law judge concerning a matter pending before the administrative law judge, shall contemporaneously serve a copy of the correspondence upon all other parties, or if represented, the parties’ auth…

A. A party filing a medical report or hospital record into evidence (“medical report”) that is not already contained in the Commission’s claims file, shall file the medical report with the presiding administrative law judge at least 25 days before the first scheduled hearing. B. …

A. If a party or an administrative law judge considers a document contained in a Commission claims file, including a transcript of a prior proceeding, necessary or appropriate for hearing purposes, the administrative law judge shall receive a copy of the document into evidence if…

With respect to A.R.S. § 23-1066, the following definitions apply: “Guardian Ad-Litem” means a person appointed by the administrative law judge to protect the interest of a minor or an incapacitated person in a particular case. “Incapacitated Person” means any person who is impai…

A. An administrative law judge may appoint a guardian ad-litem upon its own initiative. B. An interested party seeking the appointment of a guardian ad-litem shall file a motion with the presiding administrative law judge, or if there is no presiding administrative law judge with…

A. A guardian ad-litem appointed by an administrative law judge must be licensed to practice law in Arizona. A guardian ad-litem must not ever have represented any of the parties; and must not be related to any party or to a party’s attorney. B. The primary role of the guardian a…

A. The administrative law judge may appoint an attorney from the Commission’s Legal Division as the guardian ad-litem at no cost to the parties. B. Should a party request the use of an attorney outside of the Commission’s Legal Division, the requesting party shall enter into a fe…

A. A party may request a continuance of a scheduled hearing. If a party shows good cause, a presiding administrative law judge may grant a request that a hearing be continued. B. If at the conclusion of a hearing a party seeks to continue the hearing to introduce additional evide…

A. A presiding administrative law judge may impose the following sanctions against any party or authorized representative of a party who fails to comply with this Article or fails to comply with an order of the presiding administrative law judge or Commission: 1. Dismissal of the…

A. An award, decision, order, subpoena, notice, document, or other matter required by the Act, this Article, or other law to be served from the Commission shall be made upon a party or, if represented, the party’s authorized representative. Service upon the authorized representat…

A presiding administrative law judge’s award or decision under A.R.S. § 23-942 or award or decision upon review under A.R.S. § 23-943 shall be based upon: 1. The record as it exists at the conclusion of the hearings, and 2. Any memoranda provided under A.R.S. § 23-943(E) or reque…

Stipulations for extensions of time in which to file papers or briefs in the various courts shall be received and signed by the Chief Counsel or other members of the Legal Department. Historical Note New Section R20-5-233 renumbered from R20-5-161 by final rulemaking at 31 A.A.R.…

The chief counsel and other members of the legal staff of the Commission who participate in proceedings or matters under the Act and this Article do so on behalf of the Commission. Historical Note New Section R20-5-234 renumbered from R20-5-162 by final rulemaking at 31 A.A.R. 41…

R20-5-236. A.R.S. § 23-1026 Examination Motion for Relief 28 ARTICLE 3. INDUSTRIAL COMMISSION WORKERS’ COMPENSATION CLAIMS Article 3, consisting of Sections R20-5-301 through R20-5-303, made final rulemaking at 31 A.A.R. 4199 (October 31, 2025), effective December 6, 2025 (Supp. …

A. If a carrier, self-insured employer, or special fund division requests an examination of a claimant’s mental or physical condition under A.R.S. § 23-1026, to protect a claimant from annoyance, embarrassment, oppression, or undue burden or expense, an administrative law judge m…

A. The Commission shall calculate the present value of an award that is commuted to a lump sum under R20-5-302. The Commission shall not include in the present value calculation compensation paid before the filing of a lump sum commutation petition. The Commission shall use the f…

A. A petition for a lump sum commutation in an unscheduled case shall not be approved unless the carrier approves of such petition. B. If the lump sum commutation petition is approved by the carrier, the Commission’s primary consideration in passing upon the petition will be whet…

In using the Bureau of Labor Statistics Employment Cost Index to adopt the amount of an increase to the maximum average monthly wage under A.R.S. § 23-1041(E), the Commission shall use the Bureau of Labor Statistics, Employment Cost Index for Wages and Salaries, for Civilian Work…

Historical Note Former Rule IV; Amended effective March 9, 1981 (Supp. 81-2). R20-5-304 recodified from R4-13-304 (Supp. 95-1). Section R20-5-304 repealed; new Section R20-5-304 adopted effective September 9, 1998 (Supp. 98-3). Section expired under A.R.S. § 41-1056(J) at 23 A.A.…

Historical Note Former Rule V; Former Section R4-13-305 renumbered and amended as Section R4-13-306, new Section R20-5-305 adopted effective March 9, 1981 (Supp. 81-2). R20-5-305 recodified from R4-13-305 (Supp. 95-1). Section R20-5-305 repealed; new Section R20-5-305 adopted eff…

Historical Note Former Rule VI. Former Section R4-13-306 renumbered and amended as Section R4-13-307, former Section R4-13-305 renumbered and amended as Section R4-13-306 effective March 9, 1981 (Supp. 81-2). R20-5-306 recodified from R4-13-306 (Supp. 95-1). Section R20-5-306 rep…

Historical Note Former Rule VII. Former Section R4-13-307 renumbered as Section R4-13-309, former Section R4-13-306 renumbered and amended as Section R4-13-307 effective March 9, 1981 (Supp. 81-2). R20-5-307 recodified from R4-13-307 (Supp. 95-1). Section R20-5-307 repealed; new …

Historical Note Former Rule VIII. Former Section R4-13-308 renumbered as Section R4-13-310, new Section R4-13-308 adopted effective March 9, 1981 (Supp. 81-2). R20-5-308 recodified from R4-13-308 (Supp. 95-1). Section R20-5-308 repealed; new Section R20-5-308 adopted effective Se…

Historical Note Former Rule IX. Former Section R4-13-309 repealed, former Section R4-13-307 renumbered as Section R4-13-309 effective March 9, 1981 (Supp. 81-2). R20-5-309 recodified from R4-13-309 (Supp. 95-1). Section R20-5-309 repealed; new Section R20-5-309 adopted effective …

Historical Note Former Rule X. Former Section R4-13-310 renumbered and amended as Section R4-13-312, former Section R4-13-308 renumbered as Section R4-13-310 effective March 9, 1981 (Supp. 81-2). R20-5-310 recodified from R4-13-310 (Supp. 95-1). Section R20-5-310 repealed; new Se…

Historical Note Former Rule XI. Former Section R4-13-311 repealed, new Section R4-13-311 adopted effective March 9, 1981 (Supp. 81-2). R20-5-311 recodified from R4-13-311 (Supp. 95-1). Section R20-5-311 repealed; new Section R20-5-311 adopted effective September 9, 1998 (Supp. 98…

Historical Note Former Rule XII. Former Section R4-13-312 renumbered as Section R4-13-314, former Section R4-13-310 renumbered and amended as Section R4-13-312 effective March 9, 1981 (Supp. 81-2). R20-5-312 recodified from R4-13-312 (Supp. 95-1). Section R20-5-312 repealed; new …

Historical Note Former Rule XIII. Former Section R4-13-313 renumbered and amended as Section R4-13-318 effective March 9, 1981 (Supp. 81-2). R20-5-313 recodified from R4-13-313 (Supp. 95-1). New Section adopted effective September 9, 1998 (Supp. 98-3). Section expired under A.R.S…

Historical Note Former Section R4-13-312 renumbered as Section R4-13-314 effective March 9, 1981 (Supp. 81-2). R20-5-314 recodified from R4-13-314 (Supp. 95-1). Section R20-5-314 repealed; new Section R20-5-314 adopted effective September 9, 1998 (Supp. 98-3). Section expired und…