reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-946.01 - Stay of court proceedings pending determination of issues by commission

23-946.01.
Stay of court proceedings pending determination of issues by commission
A. If upon the trial provided for in section 23-946,  it appears that all issues arising in the action have not theretofore been presented to the commission in the petition for a hearing as to the reasonableness and lawfulness of the order,  or that the commission has not had ample opportunity to hear and determine the issues raised in the action,  or has not in fact heard and determined the issues raised,  the court shall before rendering judgment,  unless the parties stipulate to the contrary,  transmit to the commission a full statement of such issues not adequately considered,  shall stay further proceedings in the action for fifteen days from the date of the transmission and may thereafter grant such further stay as is necessary.
B. Upon receipt of the statement from the court as provided in subsection A,  the commission shall consider the issues not theretofore considered,  and may alter,  modify,  amend or rescind its order complained of,  and shall,  within ten days from the receipt of the statement,  report its order thereon to the court. The court shall thereupon order the pleading to be amended to raise the issues resulting from the alteration,  modification,  amendment or rescission of the commission's order,  and thereafter proceed as in other civil actions.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-947 - Time within which hearing must be requested; definition

23-947.
Time within which hearing must be requested;  definition
A. A hearing on any question relating to a claim shall not be granted unless the employee has previously filed an application for compensation within the time and in the manner prescribed by section 23-1061 and the request for a hearing is filed within ninety days after the notice sent under section 23-1061,  subsection F or within ninety days of notice of a determination by the commission,  insurance carrier or self-insuring employer under section 23-1047 or 23-1061,  except that an employer who is subject to and fails to comply with section 23-961 or 23-962 must file a request for a hearing within thirty days of notice of a determination by the commission,  or within ten days of all other awards issued by the commission.
B. As used in this section,  " filed"  means that the request for a hearing is in the possession of the commission. Failure to file with the commission within the required time by a party means that the determination by the commission,  insurance carrier or self-insuring employer is final and res judicata to all parties. The industrial commission or any court shall not excuse a late filing unless any of the following applies:
1. The person to whom the notice is sent does not request a hearing because of justifiable reliance on a representation by the commission,  employer or carrier. In this paragraph,  " justifiable reliance"  means that the person to whom the notice is sent has made reasonably diligent efforts to verify the representation,  regardless of whether the representation is made pursuant to statutory or other legal authority.
2. At the time the notice is sent the person to whom it is sent is suffering from insanity or legal incompetence or incapacity,  including minority.
3. The person to whom the notice is sent shows by clear and convincing evidence that the notice was not received.
C. The late filing shall not be excused under subsection B of this section if the person to whom the notice is sent or the person's legal counsel knew or,  with the exercise of reasonable care and diligence,  should have known of the fact of the notice at any time during the filing period.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-948 - Jurisdiction of actions concerning orders or petitions for writ of mandamus; right of appeal

23-948.
Jurisdiction of actions concerning orders or petitions for writ of mandamus;  right of appeal
No court of this state,  except the superior court,  the court of appeals and the supreme court on appeal shall have jurisdiction to review,  vacate,  set aside,  reverse,  revise,  correct,  amend or annul any order of the commission or to suspend or delay the execution or operation thereof,  or to enjoin,  restrain or interfere with the commission in the performance of its duties,  but a writ of mandamus may issue from the supreme court to the commission in proper cases,  and an appeal may be taken from the superior court to the supreme court in all cases.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-949 - Effect of action concerning order; procedure to stay order

23-949.
Effect of action concerning order;  procedure to stay order
The pendency of an action to set aside,  vacate or amend an order of the commission shall not stay or suspend the order of the commission. During pendency of the action,  the superior court may stay or suspend,  in whole or in part,  operation of the commission's order only upon three days notice and after hearing,  and the order of the court shall not become effective until a bond has been executed and filed in the action,  approved by the court or the clerk thereof,  payable to the state,  in an amount sufficient to insure the prompt payment by the petitioning party of all damages caused by delay in the enforcement of the order of the commission.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-950 - Priority of actions

23-950.
Priority of actions
Actions and proceedings under this chapter and actions or proceedings to which the commission,  the department of insurance and financial institutions or the state is a party in which any question arises under this chapter or concerning an award of the commission,  or an order of the commission or the department of insurance and financial institutions shall be advanced for trial or hearing over civil actions,  except election contests and actions affecting the corporation commission.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-951 - Writ of certiorari to review lawfulness of award, order or decision upon review; procedure

23-951.
Writ of certiorari to review lawfulness of award,  order or decision upon review;  procedure
A. Any party affected by an award by the commission or by a decision upon review under the provisions of section 23-943 or by an order under the provisions of section 23-237 may apply to the court of appeals for a writ of certiorari to review the lawfulness of the award,  order or decision upon review.
B. The writ of certiorari provided by subsection A of this section and by section 23-943 shall be made returnable within ten days and shall direct the commission to certify its record,  proceedings and evidence to the court of appeals. The court of appeals may quash or dismiss the writ of certiorari upon the grounds of dismissal applicable to civil appeals. The review shall be limited to determining whether or not the commission acted without or in excess of its power and,  if findings of fact were made,  whether or not such findings of fact support the award,  order or decision. If necessary,  the court may review the evidence.
C. Each party to the proceedings before the commission may appear in the court of appeals.
D. The court of appeals shall enter judgment either affirming or setting aside the award,  order or decision.
E. The rules of civil procedure relating to certiorari shall apply so far as applicable and not in conflict with this chapter.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-952 - Continuation of order or award pending hearing or appeal

23-952.
Continuation of order or award pending hearing or appeal
When an order or award is issued by the industrial commission awarding permanent compensation benefits,  compensation shall be paid as provided in such order or award and shall not be interrupted when there is a petition for hearing or appeal to a higher court. Any overpayment of permanent compensation resulting therefrom shall be credited against any future liability involving permanent compensation benefits in the same claim.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-953 - Notice of award; effect of petition for hearing or appeal; overpayment

23-953.
Notice of award;  effect of petition for hearing or appeal;  overpayment
When a notice is issued by an insurance carrier or a self-insured employer of an award for permanent compensation benefits pursuant to section 23-1044,  subsection B,  these benefits shall be paid as provided in the notice of award and shall not be interrupted if there is a petition for a hearing or an appeal to a higher court. Any resulting overpayment of these benefits shall be credited against any future liability for compensation benefits that may arise out of the same claim.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-954 - Payment of interest on awards

23-954.
Payment of interest on awards
Interest on the payment of benefits shall be paid at a rate of interest at the lesser of ten percent per annum or a rate per annum that is equal to one percent plus the prime rate as published by the board of governors of the federal reserve system in statistical release H.15 or any publication that may supersede it on the date benefits are paid. Interest shall be paid only in the following instances:
1. On an award entered by the commission or by notice of claim status awarding permanent partial disability benefits pursuant to section 23-1044,  subsection B or C or permanent total disability benefits pursuant to section 23-1045,  subsection B or C,  if benefits are not paid within ten days after the date the award or notice becomes final.
2. On a claim for dependent benefits,  if the claim is denied and subsequently accepted or found compensable by award of the commission,  from the date the claim for benefits was filed.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-962 - Insurance by governmental units; payment of premiums

23-962.
Insurance by governmental units;  payment of premiums
A. Any county,  city,  town,  municipal corporation or school district shall insure in any manner prescribed by the terms of section 23-961. Effective July 1,  1983,  this state through the department of administration shall self-insure its liability,  if any,  under chapter 5 of this title and this chapter without the necessity of complying with section 23-961,  subsection A,  paragraph 2. On or before June 30,  1983,  the state compensation fund and the department of administration shall enter into an interagency contract pursuant to title 11,  chapter 7,  article 3 for the return to this state of the reserves established and held by the state compensation fund for all claims against this state that were incurred on or before that date. These reserves shall be credited to the state general fund. The department of administration shall direct the continuing payment and processing of all claims against this state for injuries to state employees that were incurred both before and after July 1,  1983. All claims payments shall be made or reimbursed by the department on behalf of this state and for expenses incurred in connection with the payment and processing of such claims. The department of administration may procure excess loss coverage from an insurance carrier for individual or aggregate claims,  or both,  in such amounts and at such primary retention levels as the department of administration deems in the best interest of the state.
B. The clerk of the board of supervisors of each county,  the clerk of each political subdivision and the superintendent of each school district that insures its workers' compensation liability with an insurance carrier shall furnish quarterly to the insurance carrier a true payroll showing the total amount paid to employees subject to the provisions of this chapter during each month of the quarter,  segregated in accordance with the requirements of the insurance carrier.
C. Each clerk and school superintendent shall thereupon prepare and submit to his respective governing body for approval a claim for the amount of premiums due the insurance carrier. Such premiums shall be at once paid to the insurance carrier by the proper officer. The department of administration shall draw a warrant for such premiums as are due until June 30,  1983 from the state in favor of the treasurer for the benefit of the insurance carrier and the treasurer shall at once pay the warrant from the general fund and the appropriation made therefor in the general appropriation bill for the insurance carrier.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-963 - Provisions of compensation insurance policy

23-963.
Provisions of compensation insurance policy
Every policy of insurance covering the liability of the employer for workers' compensation shall cover the entire liability of the employer to his employees covered by the policy or contract,  and be deemed to contain the following provisions:
1. That as between the employee and the insurance carrier the notice to or knowledge of the occurrence of the injury on the part of the employer shall be deemed notice or knowledge of the insurance carrier.
2. That jurisdiction of the employer shall be jurisdiction of the insurance carrier.
3. That the insurance carrier shall be bound by and subject to the orders,  findings,  decisions and awards rendered against the employer for payment of compensation.
4. That the insolvency or bankruptcy of the employer and his discharge therein shall not relieve the insurance carrier or workers' compensation pool from payment of compensation for injuries or death sustained by an employee during the life of the policy or contract.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-963.01 - Policies with deductible coverage; medical-only loss

23-963.01.
Policies with deductible coverage;  medical-only loss
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 endorsement shall specify whether loss adjustment expenses are to be treated as advancements within the deductible to be reimbursed by the employer. The policyholder exercising the deductible option shall choose only one deductible amount. Premium reductions for deductibles shall be determined before applying any experience modification,  premium surcharge or premium discount. If an insurance carrier offers deductible coverage to an employer,  the employer shall submit a certified copy of the employer's most recent financial statement to the insurance carrier to justify the deductible amount the employer chooses. The insurance carrier shall retain a copy of the financial statement for three years.
B. Any compensable claim for benefits shall be paid by the carrier. The employer shall reimburse the carrier for any deductible amounts paid by the carrier. The employer is liable for reimbursement up to the limit of the chosen deductible. The payment or nonpayment of deductible amounts by the insured employer to the carrier shall be treated under the policy in the same manner as payment or nonpayment of premiums.
C. The nonpayment of deductible amounts by the insured employer to the carrier under subsection B of this section shall not relieve the insurance carrier from paying compensation for injuries or death sustained by an employee during the period of time the agreement,  contract or policy was in effect. No agreements,  contracts or policies providing deductible amounts for workers' compensation coverage shall be terminated retroactively for nonpayment of deductible amounts.
D. Losses subject to the deductible shall be reported and recorded as losses for purposes of calculating rates for a policyholder on the same basis as losses under policies providing first dollar coverage.
E. Notwithstanding any other law,  for any claim involving medical-only loss,  any experience rating adjustment as determined by a national nonprofit insurance rating organization shall be applied to reduce the impact of the loss in the employer's experience modification calculation. For the purposes of this subsection,  " medical-only loss"  means loss that has no indemnity value reflecting lost wages.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-964 - Posting notice of compliance with compensation law

23-964.
Posting notice of compliance with compensation law
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 and regulations of the commission made in pursuance thereof and,  if such is the fact,  has been authorized by the commission directly to compensate his employees or their dependents.
B. The notices when posted shall constitute sufficient notice to the employees of the fact that the employer has complied with the law for securing compensation to his employees and their dependents.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-966 - Failure of employer to pay claim or comply with commission order; reimbursement of funds

23-966.
Failure of employer to pay claim or comply with commission order;  reimbursement of funds
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 benefits or the final orders of the commission,  the workers' compensation claims shall be assigned by the commission to the special fund established by section 23-1065. The special fund shall ensure that these claims are processed and that compensation,  benefits or amounts due are paid. The special fund may use third-party processors or other legal,  medical,  claims or labor market personnel to assist in the processing and payment of claims assigned under this section.
B. In addition to expenditures authorized under subsection A of this section,  the special fund may use monies for any expense or service that is necessary to ensure that claims assigned under subsection A of this section are processed and paid,  necessary to assist in the determination of liability of a claim that is assigned under this section or necessary to assist in the collection of monies owed to the special fund under this section,  including collection against the cash,  securities,  bond and other assets of the employer. These expenses may include travel,  discovery procedures and employing any third-party processor,  expert,  consultant or professional,  including an attorney,  auditor,  examiner or actuary. The special fund shall reimburse the administrative fund for all expenses incurred by the administrative fund related to the processing and payment of claims assigned under this section.
C. The special fund is the successor in interest to all excess insurance policies in effect at the time of an assignment under subsection A of this section that insure any part of the self-insured employer's financial obligations under the workers' compensation laws. The special fund's recovery rights under this subsection are subject to applicable coverage terms and policy limits in the excess policy. The excess insurer shall make payment directly to the special fund for all covered amounts spent under this section,  including administrative costs,  necessary expenses and attorney fees to the extent covered by the excess policy. Unless recovered from an excess insurer,  the special fund shall have a claim against the employer for all monies that are spent or anticipated to be spent under this section,  including administrative costs,  necessary expenses and attorney fees. Any claim by the special fund shall be made on the cash,  securities or bond filed under section 23-961 or applicable rules or on any other asset of the employer.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-967 - Deduction of premium from employee wage or salary; violation; classification

23-967.
Deduction of premium from employee wage or salary;  violation;  classification
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.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-970 - Misrepresentation of payroll, job description, job function or loss history affecting premium payment; violation; classification; penalty; statute of limitations; civil action

23-970.
Misrepresentation of payroll,  job description,  job function or loss history affecting premium payment;  violation;  classification;  penalty;  statute of limitations;  civil action
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 carrier is based.
B. An employer that violates subsection A is guilty of a class 6 felony.
C. In addition to the punishment that may be imposed pursuant to subsection B,  an employer that violates subsection A is liable for a penalty of up to three times the amount of the difference in premium paid and the amount the employer should have paid. The penalty shall be collected in a civil action by the insurance carrier,  in addition to any other damages that are incurred by the insurance carrier due to the misrepresentation,  including costs and attorney fees. The insurance carrier shall initiate the civil action within four years after the date the insurance carrier knew or with the exercise of reasonable diligence should have known of the misrepresentation. The insurance carrier may initiate the civil action regardless of whether a criminal action is brought against the employer.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-971 - Firefighter and fire investigator cancer claim information; data sharing; definitions

23-971.
Firefighter and fire investigator cancer claim information;  data sharing;  definitions
A. All insurance carriers,  self-insuring employers and workers' compensation pools securing workers' compensation for firefighters and fire investigators pursuant to this chapter shall compile and report to the commission claim and claim reserve information for all cancer-related claims filed by or on behalf of firefighters and fire investigators.
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 requested by the commission.
C. Notwithstanding subsections A and B of this section,  the commission may not require or obtain any personally identifiable information for any claimant.
D. The commission shall compile and make available to insurance carriers,  rating organizations,  employers,  public safety workers and workers' compensation pools the claim-related information collected pursuant to this section to assist with the setting of workers' compensation insurance rates and to ensure the adequate reserving for cancer claims for the class codes associated with firefighters and fire investigators.
E. For the purposes of this section,  " firefighter"  and " fire investigator"  have the same meanings prescribed in section 23-901.09.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-1021 - Right of employee to compensation

23-1021.
Right of employee to compensation
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 be entitled to receive and shall be paid such compensation for loss sustained on account of the injury or death,  such medical,  nurse and hospital services and medicines,  and such amount of funeral expenses in the event of death,  as are provided by this chapter.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-1021.01 - Peace officers; fire fighters; employment status

23-1021.01.
Peace officers;  fire fighters;  employment status
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,  provided that the peace officer or fire fighter is not engaged in criminal activity.
B. Nothing in this section shall create any liability on the part of the peace officer's or fire fighter's employer for any civil damages occurring through the peace officer's or fire fighter's negligent or intentional conduct while traveling to or from work as a peace officer.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-1022 - Compensation as exclusive remedy for employees; definition; exceptions; public agency employees

23-1022.
Compensation as exclusive remedy for employees;  definition;  exceptions;  public agency employees
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' compensation insurance carrier or administrative service representative,  except as provided by section 23-906,  and except that if the injury is caused by the employer's wilful misconduct,  or in the case of a co-employee by the co-employee's wilful misconduct,  and the act causing the injury is the personal act of the employer,  or in the case of a co-employee the personal act of the co-employee,  or if the employer is a partnership,  on the part of a partner,  or if a corporation,  on the part of an elective officer of the corporation,  and the act indicates a wilful disregard of the life,  limb or bodily safety of employees,  the injured employee may either claim compensation or maintain an action at law for damages against the person or entity alleged to have engaged in the wilful misconduct.
B. " Wilful misconduct"  as used in this section means an act done knowingly and purposely with the direct object of injuring another.
C. This section does not apply to an action for medical malpractice against any employee of a hospital maintained by the employer pursuant to section 23-1070. Any suit allowed by this subsection is subject to the lien rights provided by section 23-1023.
D. An employee of a public agency,  as defined in section 11-951,  who works under the jurisdiction or control of or within the jurisdictional boundaries of another public agency pursuant to a specific intergovernmental agreement or contract entered into between the public agencies as provided in section 11-952 is deemed to be an employee of both public agencies for the purposes of this section. The primary employer shall be solely liable for the payment of workers' compensation benefits for the purposes of this section.
E. Every public agency as defined in section 11-951 for which an intergovernmental agreement or contract is in effect shall post a notice pursuant to the provisions of section 23-906,  in substantially the following form:
" All employees are hereby further notified that they may be required to work under the jurisdiction or control of or within the jurisdictional boundaries of another public agency pursuant to an intergovernmental agreement or contract,  and under such circumstances they are deemed by the laws of Arizona to be employees of both public agencies for the purposes of workers' compensation."
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-1024 - Choice of remedy as waiver of alternate remedy

23-1024.
Choice of remedy as waiver of alternate remedy
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 workers' compensation insurance carrier or administrative service representative.
B. An employee,  or his legal representative in event death results,  who exercises any option to institute a proceeding in court against his employer waives any right to compensation.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-1025 - Agreement by employee to waive compensation or to pay premium void; unlawful collection of premium; classification

23-1025.
Agreement by employee to waive compensation or to pay premium void;  unlawful collection of premium;  classification
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 or receive any premiums from an employee for workers' compensation insurance,  except as provided in this chapter. A violation of this subsection is a class 6 felony.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-1027 - Compensation precluded by neglect or refusal of employee to submit to treatment

23-1027.
Compensation precluded by neglect or refusal of employee to submit to treatment
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 or medical aid.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-1028 - False statements or representations to obtain compensation; forfeiture; violation; classification; sworn statement; definition

23-1028.
False statements or representations to obtain compensation;  forfeiture;  violation;  classification;  sworn statement;  definition
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 claimant shall also forfeit all right to any future temporary or permanent disability compensation for the claim on which the false statement or representation was made after conviction of the offense. Forfeiture pursuant to this section does not terminate on any subsequent designation of the offense as a misdemeanor.
B. Notwithstanding section 13-801,  a sentence to pay a fine for a violation of this section by a claimant or co-employee shall be a sentence to pay an amount fixed by the court of not more than fifty thousand dollars.
C. Any person who commits a violation under this section is also subject to the penalties prescribed in sections 20-466.02 and 20-466.04.
D. A claimant for compensation shall personally sign any monthly or annual income status report that requests the claimant to report employment status or earnings to the insurance carrier or self-insured employer,  including the annual report of earnings pursuant to section 23-1047. The reporting document shall contain the following statement:
Any person who knowingly makes a false statement or representation to obtain any compensation,  benefit or payment is guilty of a class 6 felony and is subject to up to one and one-half years in prison,  a fifty thousand dollar fine and forfeiture of benefits. By my signature below,  I am applying for all benefits to which I may be entitled and I swear that the statements made on this application are true,  correct and complete to the best of my knowledge.
E. For the purposes of this section,  " statement"  includes any notice,  proof of injury,  bill for services,  payment for services,  hospital or doctor records,  x-rays,  test reports,  medical or legal expenses,  or other evidence of loss or injury,  or other expense or payment.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-1029 - Repeal of chapter; effect on rights of parties

23-1029.
Repeal of chapter;  effect on rights of parties
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 repeal shall not be computed as a part of the time limited by law for the commencement of any action relating to such injury or death. The action shall be commenced within one year after the repeal and any amount paid as compensation shall be deducted from the right of recovery.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-1031 - Persons incarcerated; suspension of benefits

23-1031.
Persons incarcerated;  suspension of benefits
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,  county or city jail or correctional facility.
2. Been adjudicated delinquent and is incarcerated in any state,  federal,  county or city jail or correctional facility.
B. If any portion of an employee's payment of compensation under this chapter has been garnished to satisfy support obligations pursuant to title 25,  chapter 5,  article 1,  the portion of the compensation that has been garnished shall be paid as provided in the court order.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-1042 - Basis for computing average monthly wage of minor permanently incapacitated

23-1042.
Basis for computing average monthly wage of minor permanently incapacitated
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 ordinary circumstances he would probably be able to earn at the age of eighteen years in the occupation in which he was employed at the time of injury,  or in any occupation to which he would reasonably have been promoted if he had not been injured. If the probable earnings at the age of eighteen years cannot be reasonably determined,  his average earnings shall be based upon four dollars per day for a six-day week.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-1043 - Hernias classified for compensation purposes

23-1043.
Hernias classified for compensation purposes
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 abdominal wall of sufficient severity to puncture or tear asunder the wall,  and permit the exposure or protrusion of the abdominal viscera or some part thereof. Such injury will be compensated as a temporary total disability and as a partial permanent disability,  depending upon the lessening of the injured individual's earning capacity.
2. All other hernias,  whenever occurring or discovered and whatsoever the cause,  except as under paragraph 1 of this section,  are considered diseases causing incapacitating conditions or permanent partial disability,  but the permanent partial disability and the causes thereof are considered to be as shown by medical facts to have either existed from birth,  to have been years in formation,  or both,  and are not compensatory,  unless it is proved:
(a) That the immediate cause,  which calls attention to the presence of the hernia,  was a sudden effort or severe strain or blow received while in the course of employment.
(b) That the descent of the hernia occurred immediately following the cause.
(c) That the cause was accompanied or immediately followed by severe pain in the hernial region.
(d) That the facts in subdivisions (a),  (b) and (c) of this paragraph were of such severity that they were noticed by the claimant and communicated immediately to one or more persons.
If the facts in subdivisions (a),  (b),  (c) and (d) of this paragraph are proven,  the hernias are considered to be aggravations of previous ailments or diseases,  and will be compensated as such for time lost only to a limited extent,  depending upon the nature of the proof submitted and the result of the local medical examination,  but for not to exceed two months. Hernias of every kind shall be compensated pursuant to this paragraph unless the claimant proves to the satisfaction of the commission by a preponderance of the evidence that the hernia is a real traumatic hernia as defined in paragraph 1.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-1043.01 - Heart-related and mental cases

23-1043.01.
Heart-related and mental cases
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 substantial contributing cause of the heart-related or perivascular injury,  illness or death.
B. A mental injury,  illness or condition 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 unexpected,  unusual or extraordinary stress related to the employment or some physical injury related to the employment was a substantial contributing cause of the mental injury,  illness or condition.
C. If compensation is payable for a heart-related or perivascular injury,  illness or death,  or for a mental injury,  illness or condition,  the only employer liable is the employee's last employer in whose employment the requirements of subsection A or B are met.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-1045 - Compensation for total disability; permanent total disability defined

23-1045.
Compensation for total disability;  permanent total disability defined
A. For temporary total disability the following compensation shall be paid:
1. Compensation of sixty-six and two-thirds per cent of the average monthly wage shall be paid during the period of disability.
2. If there are persons dependent for support upon the employee,  compensation shall be paid as provided in this section,  with an additional allowance of twenty-five dollars per month for such dependents during the period of disability. The additional allowance shall not be based upon a per capita number of dependents but shall reflect a total monthly benefit increase of exactly twenty-five dollars.
B. For permanent total disability,  compensation of sixty-six and two-thirds per cent of the average monthly wage shall be paid during the life of the injured person.
C. In the absence of proof to the contrary,  disability shall be deemed total and permanent if caused by:
1. The total and permanent loss of sight of both eyes.
2. The loss by separation of both feet.
3. The loss by separation of both hands.
4. An injury to the spine resulting in permanent and complete paralysis of both legs or both arms,  or one leg and one arm.
5. An injury to the skull resulting in incurable imbecility or insanity.
6. The loss by separation of one hand and one foot.
D. The enumeration in this section is not exclusive,  and in all other cases permanent total disability shall be determined in accordance with the facts and in accordance with the provisions of section 23-1047.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-1048 - Reasonable accommodations; earning capacity determination; definitions

23-1048.
Reasonable accommodations;  earning capacity determination;  definitions
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 capacity,  notwithstanding that the modified job is not available in the open competitive labor market.
B. For the purposes of this section:
1. " Americans with disabilities act"  means 42 United States Code sections 12101 through 12213 and 47 United States Code sections 225 and 611 and the ADA amendments act of 2008 (P.L. 110-325;  122 Stat. 3553).
2. " Reasonable accommodations"  means accommodations made by the date of injury employer to allow an employee to return to work by modifying job duties consistent with the employee's limitations.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-1061.01 - Treatment by prayer or spiritual means

23-1061.01.
Treatment by prayer or spiritual means
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 recognized church or religious denomination by a duly accredited practitioner thereof without suffering reduction or suspension of his compensation benefits under this chapter,  provided that nothing in this chapter shall be construed to prevent a workman who desires it from being furnished with such treatment by prayer through spiritual means if the commission does not object thereto.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-1062 - Medical, surgical, hospital benefits; translation services; travel expenses; commencement of compensation; method of compensation

23-1062.
Medical,  surgical,  hospital benefits;  translation services;  travel expenses;  commencement of compensation;  method of compensation
A. Promptly,  on notice to the employer,  every injured employee shall receive medical,  surgical and hospital benefits or other treatment,  nursing,  medicine,  surgical supplies,  crutches and other apparatus,  including artificial members,  reasonably required at the time of the injury,  and during the period of disability. Such benefits shall be termed " medical,  surgical and hospital benefits" .
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 employee of the carrier,  self-insurance pool or employer. If the carrier,  self-insurance pool or employer is unable to locate a certified translator for the particular language or dialect needed,  the parties may agree on a translator who is not a certified translator.
C. Compensation for medical,  surgical and hospital benefits shall include reimbursement for reasonable travel expenses if the employee must travel more than twenty-five miles from the employee's place of residence to obtain medical care for the injury.
D. The first installment of compensation is to be paid no later than the twenty-first day after written notification by the commission to the carrier of the filing of a claim unless the right to compensation is denied. Thereafter,  compensation shall be paid at least once each two weeks during the period of temporary total disability and at least monthly thereafter. Compensation shall not be paid for the first seven days after the injury. If the incapacity extends beyond the period of seven days,  compensation shall begin on the eighth day after the injury,  but if the disability continues for one week beyond such seven days,  compensation shall be computed from the date of the injury.
E. Compensation shall be made by negotiable instrument,  payable immediately on demand or,  at the election of the employee and if offered by the employer or carrier,  by another commonly accepted method for transferring money by banking institutions,  including electronic fund transfers to the employee's account or a prepaid debit card account that is established for the purpose of making direct electronic payment to the employee.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-1062.03 - Evidence-based medical treatment guidelines

23-1062.03.
Evidence-based medical treatment guidelines
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 senate and the speaker of the house of representatives describing the status of the development and implementation of this process no later than the end of each calendar year beginning on December 31,  2012,  and ending on December 31,  2014. If the commission requires additional time beyond December 31,  2014,  to develop and implement this process,  then the commission shall include in its 2014 report a projected timetable to complete the process.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-1063 - Apportionment of compensation

23-1063.
Apportionment of compensation
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 as it deems best for the interest of all beneficiaries.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-1064 - Presumptions of dependency; determination

23-1064.
Presumptions of dependency;  determination
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 of the injury.
3. A natural,  posthumous or adopted child under the age of eighteen years or under the age of twenty-two years if enrolled as a full-time student in any accredited educational institution,  or over that age if physically or mentally incapacitated from wage earning,  upon the injured parent. Stepparents may be regarded as parents,  if dependent,  and a stepchild as a natural child if dependent.
B. Questions of dependency and the extent thereof shall be determined as of the date of the injury to the employee and the dependent's right to any death benefit shall become fixed as of such time irrespective of any subsequent change in conditions,  and the death benefits shall be directly recoverable by and payable to the dependent entitled thereto.
2023 Arizona Revised Statutes › Title 23 - Labor › § 23-1066 - Minor or incapacitated claimant; appointment of guardian ad litem; procedure

23-1066.
Minor or incapacitated claimant;  appointment of guardian ad litem;  procedure
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 or incapacitated person,  in accordance with the terms,  conditions and rules of the commission and this chapter. If required by the commission,  the guardian ad litem shall give bond in the form and character required by law from a guardian ad litem appointed by the superior court,  and in such amount as the commission determines. The bond shall be approved by the commission,  and the guardian ad litem shall not be discharged from liability until the guardian ad litem files an account with the commission or with the superior court in the county in which the minor or incapacitated person resides,  and until the account,  after due notice,  is approved.
B. The guardian ad litem shall receive compensation for the guardian ad litem's services as is fixed and allowed by the commission or by the superior court.