Chapter 5. INDUSTRIAL COMMISSION OF ARIZONA

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…

Historical Note New Section made by final rulemaking at 11 A.A.R. 1008, effective April 4, 2005 (Supp. 05-1). Section repealed by final rulemaking at 28 A.A.R. 3435 (October 28, 2022), with an immediate effective date of October 5, 2022 (Supp. 22-4).

Historical Note New Section made by final rulemaking at 11 A.A.R. 1008, effective April 4, 2005 (Supp. 05-1). Section repealed by final rulemaking at 28 A.A.R. 3435 (October 28, 2022), with an immediate effective date of October 5, 2022 (Supp. 22-4).

Historical Note New Section made by final rulemaking at 11 A.A.R. 1008, effective April 4, 2005 (Supp. 05-1). Section repealed by final rulemaking at 28 A.A.R. 3435 (October 28, 2022), with an immediate effective date of October 5, 2022 (Supp. 22-4).

Historical Note New Section made by final rulemaking at 11 A.A.R. 1008, effective April 4, 2005 (Supp. 05-1). Section repealed by final rulemaking at 28 A.A.R. 3435 (October 28, 2022), with an immediate effective date of October 5, 2022 (Supp. 22-4).

Historical Note New Section made by final rulemaking at 11 A.A.R. 1008, effective April 4, 2005 (Supp. 05-1). Section repealed by final rulemaking at 28 A.A.R. 3435 (October 28, 2022), with an immediate effective date of October 5, 2022 (Supp. 22-4).

Historical Note New Section made by final rulemaking at 11 A.A.R. 1008, effective April 4, 2005 (Supp. 05-1). Section repealed by final rulemaking at 28 A.A.R. 3435 (October 28, 2022), with an immediate effective date of October 5, 2022 (Supp. 22-4).

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…

A. An employee who rejects the Act may revoke that rejection by serving upon the employee’s employer an original and one copy of a written notice of revocation. The written revocation shall state that the employee revokes the employee’s prior rejection of the Act. B. Within five …

A. In this Section, unless context otherwise requires, “small employer” means a corporation, proprietorship, partnership, joint venture, limited liability company, trust, or association that has less than $500,000 in gross annual revenue. B. A small employer, or any category of s…

A. Every carrier authorized to underwrite workers’ compensation insurance in Arizona shall, within five days after undertaking to insure an employer, report that information to the rating organization approved by the Arizona Department of Insurance and Financial Institutions purs…

A. A health care provider shall not charge more than $.25 per page plus $10 per hour in associated clerical costs for reproduction of medical information when a party, an authorized representative of a party, or an entity that is authorized by a claimant in a workers’ compensatio…

A. The Commission deems a carrier or workers’ compensation pool the agent of an employer insured by the carrier or workers’ compensation pool. B. The Commission also deems any action or determination taken or made by the carrier or workers’ compensation pool binding upon the empl…

A. Except as provided in subsection (B), each carrier that has or is underwriting workers’ compensation insurance in Arizona, and each employer and workers’ compensation pool that has been granted authority to act as a self-insurer by the Commission, shall maintain a workers’ com…

A. A carrier and self-insured employer shall maintain a workers’ compensation claims file for each claimant. A carrier and self-insured employer shall include in a workers’ compensation claims file all employer’s reports, medical and hospital reports, awards, orders, notices of c…

A. For purposes of A.R.S. § 23-930, an employer, self-insured employer, carrier, or claims processing representative commits “bad faith” if the employer, self-insured employer, carrier, or claims processing representative: 1. Institutes a proceeding or interposes a defense that i…

A. An employer subject to the Act shall notify its employees of the requirements of A.R.S. §§ 23-1043.02, 23-1043.03, and 23-1043.04 by posting the Commission notices titled “Work Exposure to Bodily Fluids” and “Work Exposure to methicillin-resistant Staphylococcus Aureus (MRSA),…

Historical Note Former Rule 30. Amended effective March 1, 1987, filed February 26, 1987 (Supp. 87-1). R20-5-130 recodified from R4-13-130 (Supp. 95-1). Amended by final rulemaking at 7 A.A.R. 3966 and 7 A.A.R. 4995, effective August 17, 2001 (Supp. 01-3). Section R20-5-130 renum…

A. The Industrial Commission of Arizona (Commission) has adopted the Work Loss Data Institute’s Official Disability Guidelines – Treatment in Workers Compensation (ODG) as the standard reference for evidence-based medicine used in treating injured workers within the context of Ar…

In this Article and R20-5-106(A)(12), unless the context otherwise requires: “Act” means the Arizona Workers’ Compensation Act, A.R.S. Title 23, Chapter 6. “Active Practice” means performing patient care for a minimum of eight hours per week in one of the five preceding years. “A…

A. No preauthorization is required under the Act to ensure payment for reasonably required medical treatment or services. While preauthorization is not required under the Act, a provider may seek preauthorization as provided in this subsection. B. A provider shall submit a reques…

A. A payer shall not deny a request for preauthorization solely because the guidelines do not address the requested treatment or services. B. A payer shall not deny a request for preauthorization that is supported by the guidelines, unless the payer can rebut the presumption of r…

A. A payer shall not deny payment for provided treatment or services solely because the guidelines do not address the requested treatment or services. B. A payer shall not deny payment for provided treatment or services supported by the guidelines, unless the payer can rebut the …