Title 23 — Labor

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…

The commission appointed pursuant to the provisions of chapter 1 of this title shall process all claims for injuries or disabling conditions which occurred prior to January 1, 1969 to the entry of a final award in accordance with the procedure and benefit levels in effect prior t…

A. The administrative fund is established to provide for all expenses of the industrial commission in carrying out its powers and duties under this title. Except for monies from cash deposits or surety bonds in the separate account established by section 23-527, the administrativ…

A. An insurer may decline to issue a workers' compensation or occupational disease policy to an employer. An employer who is refused coverage by two or more insurers shall be placed in the assigned risk plan established by this section unless any of the following factors exist wh…

In this article, unless the context otherwise requires, "report" means the report prescribed by section 23-1102.

A person that advocates a legislative proposal shall submit a report to the joint legislative audit committee as prescribed in this article, if the legislative proposal if enacted would do either of the following: 1. Mandate that an insurer or self-insured employer deem that a di…

A. The report shall include all of the following: 1. Scientific evidence that shows the extent to which: (a) Peer reviewed scientific studies exist that document a causal relationship that a specific disease or condition has been demonstrated to have arisen out of employment. (b)…

A report must be submitted to the joint legislative audit committee on or before September 1 before the start of the legislative session for which the legislation is proposed. The joint legislative audit committee shall assign the written report to the appropriate legislative com…

A. A heart-related, perivascular or pulmonary injury, illness or death of a firefighter is presumed to be an occupational disease as defined in section 23-901, paragraph 13, subdivision (c), compensable pursuant to section 23-1043.01 and deemed to arise out of employment if all o…

In this article, unless the context otherwise requires: 1. "Labor organization" means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with em…

No person shall be denied the opportunity to obtain or retain employment because of nonmembership in a labor organization, nor shall the state or any subdivision thereof, or any corporation, individual, or association of any kind enter into an agreement, written or oral, which ex…

A. Any act or provision in an agreement which is in violation of this article is illegal and void. B. Any strike or picketing to force or induce an employer to make an agreement orally or in writing in violation of this article is for an illegal purpose.

It is unlawful for an employee, labor organization, or officer, agent or member thereof, by any threatened or actual interference with the person, his immediate family or his property, to compel or attempt to compel such person to join a labor organization, to strike against his …

A combination or conspiracy by two or more persons to cause the discharge of any person or to cause him to be denied employment because he is not a member of a labor organization by inducing or attempting to induce any other person to refuse to work with such person, is illegal.

A person who violates any provision of this article, or who enters into an agreement containing a provision declared illegal by this article, or who brings about the discharge of or denial of employment to any person because of nonmembership in a labor organization shall be liabl…

A person injured or threatened with injury by an act declared illegal by this article shall, notwithstanding any other provision of law to the contrary, be entitled to injunctive relief therefrom.

In this article, unless the context otherwise requires: 1. "Concerted interference with lawful exercise of business activity" means to do either of the following by the use of force, intimidation, violence, threats of unlawful activity, destruction of the employer's real or intan…

A. It is unlawful for a labor organization to picket any establishment unless there exists between the employer and the majority of employees of such establishment a bona fide dispute regarding wages or working conditions. B. It is unlawful for a labor organization to engage in p…

A. Unlawful picketing, trespassory assembly, unlawful mass assembly, concerted interference with lawful exercise of business activity and engaging in a secondary boycott are illegal and a person against whom any of these activities is directed or who is injured by these activitie…

A. Except as provided in subsection B of this section, any person who violates any provision of this article is guilty of a class 2 misdemeanor and shall pay a fine of not less than two hundred dollars. B. A person who violates section 23-1322, 23-1327 or 23-1328 at a property li…

A. A person commits defamation of an employer by doing all of the following: 1. Maliciously making a false statement about the employer to a third party without privilege. 2. Knowingly, recklessly or negligently disregarding the falsity of the statement. 3. Causing damage to the …

A. A person shall not do any of the following: 1. Hinder or prevent the pursuit of any lawful work or employment by mass assembly, unlawful threats or force. 2. Obstruct or interfere with entrance to or egress from any place of employment, including by intentionally operating a m…

A labor organization or individual or group that acts on behalf of employees shall not engage in trespassory assembly.

A person shall not declare or publicize the continued existence of actual or constructive picketing or assembly at a point or directed against a premises, if a court of competent jurisdiction has enjoined the continuation of the picketing or assembly at that point or premises.

Every undertaking or promise made, whether written or oral, express or implied, is contrary to public policy and void and shall not afford any reason for granting legal or equitable relief, when constituted or contained in a contract or agreement of hiring or employment between a…

A person who coerces or compels any other person to enter into an agreement, either written or oral, not to join or become a member of a labor organization, as a condition of the other person obtaining employment or continuing in the employment of such person, is guilty of a clas…