Title 23 — Labor

A. Notwithstanding section 23-963, an insurance carrier authorized to transact workers' compensation insurance in this state may offer deductible coverage to employers. Deductible coverage shall be effected by attaching a benefits deductible endorsement to the policy. The endorse…

A. Each employer providing insurance or electing to pay compensation directly as provided in this chapter, shall post in conspicuous places about his place of business typewritten or printed notices stating that he has complied with the provisions of this chapter and all rules an…

A. If a self-insured employer or other employer authorized by the commission to process or pay claims directly pursuant to this chapter does not fully comply with the provisions of the workers' compensation law relating to the processing or payment of compensation, medical benefi…

Any employer who intentionally deducts any portion of the premium, except for accident benefits, which he is by law required to pay from the wage or salary of an employee is guilty of a class 6 felony.

At the request of an employer the insurance carrier shall notify such employer of monies paid relating to a workman of the employer during the preceding month.

When any lien established by this article has been satisfied, the commission shall issue a release to the person against whom the lien is claimed. Such release shall be a document in a form as specified in section 11-480.

A. It is unlawful for an employer to wilfully misrepresent to an insurance carrier the amount of payroll, the job description or job function of an employee, or the employer's loss history, on which the premium for workers' compensation insurance to be paid to the insurance carri…

B. The information required by subsection A of this section shall include all of the following: 1. The type of cancer. 2. The total claim costs. 3. The claim reserved by the insurance carrier, self-insuring employer or workers' compensation pool. 4. Any other information requeste…

Every employer insuring with an insurance carrier shall receive from such insurance carrier a contract or policy of insurance.

Every employee coming within the provisions of this chapter who is injured, and the dependents of every such employee who is killed by accident arising out of and in the course of his employment, wherever the injury occurred, unless the injury was purposely self-inflicted, shall …

A. A peace officer or fire fighter as defined in section 1-215 who is injured or killed while traveling directly to or from work as a peace officer shall be considered in the course and scope of employment solely for the purposes of eligibility for workers' compensation benefits,…

A. The right to recover compensation pursuant to this chapter for injuries sustained by an employee or for the death of an employee is the exclusive remedy against the employer or any co-employee acting in the scope of his employment, and against the employer's workers' compensat…

A. If an employee who is entitled to compensation under this chapter is injured or killed or further aggravates a previously accepted industrial injury by the negligence or wrong of another person not in the same employ, the injured employee, or in event of death the injured empl…

A. An employee, or his legal representative in event death results, who accepts compensation waives the right to exercise any option to institute proceedings in court against his employer or any co-employee acting within the scope of his employment, or against the employer's work…

A. An agreement by an employee to waive the employee's rights to compensation, except as provided in this chapter, or an agreement by an employee to pay any portion of the premium paid by the employee's employer is void. B. It is unlawful for an employer to intentionally collect …

A. An employee who may be entitled to compensation under this chapter shall submit the employee for medical examination from time to time at a place reasonably convenient for the employee, if and when requested by the commission, the employee's employer or the insurance carrier. …

No compensation shall be payable for the death or disability of an employee if his death is caused by, or insofar as his disability may be aggravated, caused or continued by an unreasonable refusal or neglect to submit to or follow any competent or reasonable surgical treatment o…

A. If in order to obtain any compensation, benefit or payment under this chapter, either for himself or for another, any person knowingly makes a false statement or representation, the person is guilty of a class 6 felony, and, if the person is a claimant for compensation, the cl…

If the provisions of this chapter relative to compensation for injuries to or death of workmen are repealed, and the injury or death has not previously been compensated by lump payment or completed monthly payments, the period intervening between the injury or death and the repea…

This chapter shall not be construed as having repealed the sections of the statutes commonly known as the employers' liability law.

A. Except as provided in subsection B of this section, beginning on December 1, 1997, payment of compensation under this chapter shall be suspended during the period of time that the employee has either: 1. Been convicted of a crime and is incarcerated in any state, federal, coun…

A. Every employee of an employer within the provisions of this chapter who is injured by accident arising out of and in the course of employment, or the employee's dependents in the event of the employee's death, shall receive the compensation fixed in this chapter on the basis o…

If it is established by competent evidence that an injured employee is under eighteen years of age and his incapacity is permanent, his average monthly earning capacity shall be deemed, within the limits fixed by sections 23-1041 and 23-1046, to be the monthly amount which under …

All hernias are considered injuries within the provisions of this chapter causing incapacitating conditions or permanent disability, and until otherwise ordered by the commission, the following rules for rating hernias shall govern: 1. Real traumatic hernia is an injury to the ab…

A. A heart-related or perivascular injury, illness or death shall not be considered a personal injury by accident arising out of and in the course of employment and is not compensable pursuant to this chapter unless some injury, stress or exertion related to the employment was a …

A. A claim for a condition, infection, disease or disability involving or related to the human immunodeficiency virus or acquired immune deficiency syndrome shall include the occurrence of a significant exposure as defined in this section and, except as provided in subsection B o…

A. A claim for a condition, infection, disease or disability involving or related to hepatitis C shall include the occurrence of a significant exposure as defined in this section and, except as provided in subsection B of this section, shall be processed and determined under this…

B. Notwithstanding any other law, an employee who satisfies the following criteria presents a prima facie claim for a condition, infection, disease or disability involving or related to methicillin-resistant staphylococcus aureus, spinal meningitis or tuberculosis if the medical …

A. For temporary partial disability there shall be paid during the period thereof sixty-six and two-thirds percent of the difference between the wages earned before the injury and the wages that the injured person is able to earn thereafter. Unemployment benefits received during …

A. For temporary total disability the following compensation shall be paid: 1. Compensation of sixty-six and two-thirds percent of the average monthly wage shall be paid during the period of disability. 2. If there are persons dependent for support on the employee, compensation s…

A. In case of an injury causing death, the compensation therefor shall be known as a death benefit and shall be payable in the amount, for the period, and to and for the benefit of the following: 1. Burial expenses, not to exceed five thousand dollars, in addition to the compensa…

A. In cases of permanent partial disability under section 23-1044, subsection B, paragraph 22 and subsections C and F, when the physical condition of the injured employee becomes stationary, or in the case of permanent total disability not enumerated in section 23-1045, and under…

A. If an employer has made reasonable accommodations pursuant to the Americans with disabilities act or other applicable federal or state law, wages payable for the modified job position shall be included in the determination of any temporary partial or permanent partial earning …

A. Notwithstanding section 23-908, subsection E, no claim for compensation shall be valid or enforceable unless the claim is filed with the commission by the employee, or if resulting in death by the parties entitled to compensation, or someone on their behalf, in writing within …

Nothing in this chapter shall be construed to prevent a workman, whose injury or disability has been established to the satisfaction of the commission, from relying in good faith on treatment by prayer through spiritual means in accordance with the tenets and practice of a recogn…

B. Medical, surgical and hospital benefits include translation services, if needed. A carrier, self-insurance pool or employer that does not direct care pursuant to section 23-1070 may choose the translator if the translator is certified by an outside agency and is not an employe…

A. An insurance carrier, self-insured employer or claims processing representative shall make a determination whether to deny or pay a medical bill on an accepted claim, in whole or in part, including the decision as to the amount to pay, within thirty days from the date the clai…

A. A physician who prescribes a schedule II controlled substance to an employee shall comply with title 32, chapter 32, article 4, including the provisions in that article relating to patients with traumatic injuries. B. A physician shall include in the report required under comm…

The commission shall develop and implement a process for the use of evidence-based medical treatment guidelines, where appropriate, to treat injured workers no later than December 31, 2014. The commission shall provide a progress report to the governor, the president of the senat…

Compensation to a dependent widow or widower shall be for the use and benefit of the widow or widower and the dependent children, and the commission may, upon proper application at any time during the duration of such payments, apportion the compensation between them in such way …

A. The following persons are conclusively presumed to be totally dependent for support upon a deceased employee: 1. A wife upon a husband whom she has not voluntarily abandoned at the time of the injury. 2. A husband upon a wife whom he has not voluntarily abandoned at the time o…

A. The industrial commission may direct the payment into the state treasury of not to exceed one percent of all premiums received by private insurance carriers during the immediately preceding calendar year. The same percentage shall be assessed against self-insurers based on the…

A. When it appears to the commission that a claimant for compensation or death benefits is a minor or incapacitated person, the commission, on motion of any party to the proceedings or on its own motion, may appoint a guardian ad litem to represent the best interests of the minor…

A. The commission may allow commutation of the compensation awarded pursuant to section 23-1044, subsection B to a lump sum payment of not to exceed twenty-five thousand dollars, with or without the consent of the carrier liable for the commutation, under such rules, regulations …

A. Compensation, whether determined or not, is not, prior to the delivery of the warrant therefor, assignable. B. Except as provided in subsection D of this section, compensation is exempt from attachment, garnishment and execution and does not pass to another person by operation…

A. In proceedings before the commission in which an attorney employed by the claimant has rendered services reasonably necessary in processing the claim, the commission shall, upon application filed by the attorney or the claimant prior to a final disposition of the case, set a r…

A. An employer, other than this state or a political subdivision of this state, who secures compensation to his employees in the manner provided in section 23-961, subsection A, paragraph 1 or 2, alone or jointly with other employers, in lieu of making premium payments for medica…

A. If a request for hearing filed in connection with a change of physician under section 23-1070 alleges, by affidavit, that immediate and irreparable injury, loss or damage will result if the hearing is not held before the times otherwise prescribed by article 3 of this chapter …

A. No employee may leave the state of Arizona for a period exceeding two weeks while the necessity of having medical treatment continues, without the written approval of the commission. Any employee leaving the state of Arizona for a period exceeding two weeks without such approv…

A. On filing a claim for compensation for death from an industrial injury or occupational disease where in the opinion of the commission it is necessary to ascertain accurately and scientifically the cause of death, an autopsy may be ordered by the commission upon request of an i…