reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-108 - Confidentiality of a Commission Claims File; Reproduction and Inspection of a Commission Claims File

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except as
				provided in this Section, a claims file maintained by the Commission is private
				and confidential and the Commission shall not make the claims file available
				for inspection and copying. For purposes of this Section, "claims file" means
				the official record maintained by the Commission for a claimant's industrial
				injury including the worker's report of injury, employer's report of injury,
				worker and physician's report of injury, and all other reports, records,
				instruments, videotapes, audiotapes, transcripts, and other matters scanned or
				otherwise placed into the file.
B.
				Except as provided in subsections (D) and (E), the Commission shall make a
				Commission claims file relating to a current or prior claim of a claimant
				available for inspection and copying by any party to any proceeding currently
				or previously before the Commission involving the same claimant.
C. Except as provided in subsections (D) and
				(E), the Commission shall not make a Commission claims file available to a
				non-party for inspection and copying unless the Commission receives a court
				order or written authorization signed by the affected claimant or the affected
				claimant's authorized representative.
D. The Commission shall make a transcript
				contained in a Commission claims file available for inspection and copying if:
1. The person requesting to inspect and copy
				the transcript is a person authorized under subsections (B) or (C);
				and
2. The transcript concerns a
				hearing related to a claim that is not in litigation.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-109 - Admission into Evidence of Documents Contained in a Commission Claims File

Current through Register Vol. 30, No. 28, July 12, 2024
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 the document is otherwise
				admissible.
B. With the permission
				of the administrative law judge, instead of submitting a copy of the document
				into evidence, a party may refer to the document's location on the Commission's
				optical disk imaging system by providing an accurate description of the
				document that includes the claimant's claim number and image document
				identification number the Commission assigns to the document.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-110 - Employer Duty to Report Fatality

Current through Register Vol. 30, No. 28, July 12, 2024
If an employee dies as a result of an injury by accident
				  arising out of and in the course of employment, the employer shall report the
				  death to the Commission's claims division by telephone, telegram, or electronic
				  filing, no later than the next business day following the death. The report
				  shall state the name of the employee, when, how, and where the accident
				  occurred, and the nature of the condition causing the accident. This Section
				  does not limit or affect an employer's duty to report a death to the Arizona
				  Occupational Safety and Health Division of the Commission as required under
				  R20-5-637.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-111 - Request for Autopsy

Current through Register Vol. 30, No. 28, July 12, 2024
If a claim is filed for compensation for death from an
				  industrial injury and an autopsy is requested, the expense of the autopsy shall
				  be borne by the requesting party.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-112 - Physician' Initial Report of Injury

Current through Register Vol. 30, No. 28, July 12, 2024
A. A physician shall complete and file with
				the Commission a physician's initial report of injury under A.R.S. §
									23-908(A)
				 within eight days after first providing
				treatment to an injured worker. The physician shall report the injury:
1. Using Commission form 102 (worker's and
				physician's report of injury), or
2. Attaching to form 102 a medical report
				that contains the information required in form 102.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-113 - Physician's Duty to Provide Signed Reports; Rating of Impairment of Function; Restriction against Interruption or Suspension of Benefits; Change of Physician

Current through Register Vol. 30, No. 28, July 12, 2024
A. If a
				claimant's disability extends beyond seven days, every physician who attends,
				treats, or examines the claimant shall provide to the insurance carrier,
				self-insured employer, or special fund division, at least once every 30 days
				while the claimant's disability continues, a personally signed report
				describing the:
1. Claimant's
				condition,
2. Nature of
				treatment,
3. Expected duration of
				disability, and
4. Claimant's
				prognosis.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-114 - Examination at Request of Commission, Carrier or Employer; Motion for Relief

Current through Register Vol. 30, No. 28, July 12, 2024
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, with notice of the time, date, place, and physician
				conducting the examination at least 15 days before the scheduled date of the
				examination.
B. If a claimant
				unreasonably fails to attend or promptly advise of the claimant's inability to
				attend an examination under this Section, the party requesting the examination
				may charge the claimant or deduct from the claimant's entitlement to present or
				future temporary or permanent disability compensation, any reasonable expense
				of the missed appointment.
C. A
				party adverse to a party who schedules a medical examination may offer into
				evidence the report of any medical examination as provided in
				R20-5-155
				or within five days after the adverse party receives the report, subject to the
				right of cross-examination by the party who scheduled the
				examination.
D. 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,
				the carrier, self-insured employer, or special fund division shall immediately,
				upon receipt of the report of the examination, provide a copy of the report to
				the claimant or the claimant's authorized representative. If the mental
				condition of an unrepresented claimant is examined under A.R.S. §
									23-1026,
				the carrier, self-insured employer, or special fund division may, in its
				discretion, provide the report to the claimant's treating physician rather than
				to the claimant.
E. To protect a
				claimant from annoyance, embarrassment, oppression, or undue burden or expense,
				the Commission may order, upon good cause shown, one or both of the following:
1. That the examination not be held;
				or
2. That the examination may be
				conducted only on specified terms and conditions, including a designation of
				the time, place, and examining physician.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-115 - Request to Leave the State

Current through Register Vol. 30, No. 28, July 12, 2024
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. "While the necessity of having medical
				treatment continues" means the period of time in which a claimant asserts an
				entitlement to temporary compensation, or active medical, surgical, or hospital
				benefits;
2. "Leave the state"
				means to travel across the state border, except when the logical or nearest
				medical facility is situated across the state border; and
3. "From the date the employee first
				requested the written approval" means from the date the claimant's request is
				filed with the Commission.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-116 - Payment of Claimant's Travel Expenses when Directed to Report for Medical Examination or Treatment

Current through Register Vol. 30, No. 28, July 12, 2024
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 division shall pay, in advance,
				the claimant's travel expenses from either the claimant's current place of
				residence or employment, whichever route of travel is required.
B. For purposes of this Section, "travel
				expenses" means those expenses required to be paid under A.R.S. §
									23-1026.
C. The carrier, self-insured employer, or
				special fund division shall calculate travel expenses using the current rates
				applicable to state employees.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-117 - Medical, Surgical, Hospital, and Burial Expenses

Current through Register Vol. 30, No. 28, July 12, 2024
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 services are rendered. A physician
				or provider of nursing, hospital, drug or other medical services shall itemize
				and submit a bill for payment only to the responsible carrier, self-insured
				employer, or special fund division.
B. A claimant shall not be responsible to pay
				any disputed amounts between the medical provider and the carrier, self-insured
				employer, or special fund division.
C. If a claimant pays a bill described in
				subsection (A), the responsible carrier, self-insured employer, or special fund
				division shall reimburse the claimant the amount allowed by the fee schedules,
				provided that the claimant presents receipted vouchers or other proof of
				payment to support the claim for reimbursement.
D. If an insured employer pays a bill
				described in subsection (A), the responsible carrier or self-insured employer
				shall reimburse the employer the amount allowed by the fee schedules, provided
				that the employer presents receipted vouchers or other proof of payment to
				support the claim for reimbursement.
E. An insurance carrier, self-insured
				employer, or special fund division may pay any authorized burial expenses
				directly to the funeral service professional.
F. If an employee's dependent pays burial
				expenses, the responsible carrier, self-insured employer, or special fund
				division shall reimburse the dependent the amount authorized by A.R.S. §
									23-1046
				provided that the dependent presents proof of payment to support the claim for
				reimbursement.
G. If an insured
				employer pays burial expenses, the responsible carrier or self-insured employer
				shall reimburse the employer to the extent authorized by A.R.S. §
									23-1046
				provided that the employer presents proof of payment to support the claim for
				reimbursement.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-118 - Effective Date of Notices of Claim Status and Other Determinations; Attachments to Notices of Claim Status; Form of Notices of Claim Status

Current through Register Vol. 30, No. 28, July 12, 2024
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 from the date a carrier or
				self-insured employer issues the subsequent notice of claim status. This
				subsection does not apply to a subsequent notice that affects the entitlement
				to or amount of death benefits. The Commission may for good cause relieve a
				carrier or self-insured employer of the effect of this subsection.
B. If a notice of claim status or other
				determination issued by a carrier, self-insured employer, or special fund
				division, is based upon a physician's report:
1. The carrier or self-insured employer shall
				attach a copy of the physician's complete report to the notice of claim status
				or other determination sent to the Commission; and
2. The carrier, self-insured employer, or
				special fund division shall attach a copy of the physician's complete report to
				the notice of claim status or other determination served on a party, except as
				provided in
				R20-5-114(D).
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-119 - Notice of Third-party Settlement

Current through Register Vol. 30, No. 28, July 12, 2024
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 carrier,
				or self-insured employer, of any settlement or judgment in the third party suit
				and the basis upon which the claimant and third party agree to disburse the
				proceeds of the settlement or judgment.
B. If an employer is uninsured 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 special fund division of any settlement or judgment in the third party suit
				and the basis upon which the claimant and third party agree to disburse the
				proceeds of the settlement or judgment.
C. If a lawsuit is filed against a third
				party, the claimant or the claimant's attorney shall provide copies of
				pleadings and all offers of settlement to the workers' compensation carrier,
				self-insured employer, or special fund division to whom notice is required
				under subsections (A) and (B).
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-120 - Settlement Agreements, Compromises and Releases

Current through Register Vol. 30, No. 28, July 12, 2024
A. No settlement agreement, compromise, or
				waiver of rights 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 or waiver of rights, unless approved by the Commission,
				shall not release the employer or his insurance carrier from any obligation
				imposed by the Workers' Compensation Law.
C. The carrier or employer shall not be
				entitled to a credit for any sums paid to an employee under a settlement
				agreement which has not been approved by the Commission.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-121 - Present Value and Basis of Calculation of Lump Sum Commutation Awards

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Commission
				shall calculate the present value of an award that is commuted to a lump sum
				under
				R20-5-122.
				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 filing date of a lump sum commutation petition to compute the present
				value of an award.
B. The
				Commission shall calculate the present value of an award at least annually,
				whether payable for a period of months or based upon the life of the employee,
				using the United States Life Tables, 2003, National Vital Statistics Reports,
				Vol. 54, Number 14, April 19, 2006, revised March 28, 2007, Table 1
				incorporated by reference, and discounted at the rate established by the
				Commission. This incorporation does not include any later amendments or
				editions of the incorporated matter. A copy of this referenced material is
				available for review at the Commission and may be obtained from the U.S.
				Department of Health and Human Services, Centers for Disease Control. The rate
				established by the Commission is based on the following formula: The mean
				average of the three-month Treasury Bill rate on December 31 of each of the
				five years prior to July 1 of the current year. The rate, once calculated, is
				effective until the Commission calculates a new rate under this subsection. The
				discount rate is published in the minutes of the Commission meeting
				establishing the rate and is available upon request from the
				Commission.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-122 - Lump Sum Commutation

Current through Register Vol. 30, No. 28, July 12, 2024
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 whether more net income per month will be generated after
				receipt of the lump sum than the applicant is presently receiving. The granting
				of a lump sum petition will only be granted if the facts demonstrate a
				reasonable basis for financial betterment or rehabilitation of the
				claimant.
C. The burden of proving
				that the commutation of compensation satisfies the criteria in (B) is on the
				applicant.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-123 - Rejection of the Act

Current through Register Vol. 30, No. 28, July 12, 2024
If an employee serves upon an employer written notice under
				  A.R.S. §
									23-906,
				  rejecting the provisions of the Act, the employer shall keep one copy of the
				  rejection in the employer's business records.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-124 - Rejection Not Applicable to New Employment

Current through Register Vol. 30, No. 28, July 12, 2024
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 insurance carriers, or form of
				doing business, the prior rejection is valid and remains in full force and
				effect.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-125 - Rejection before an Employer Complies with A.R.S. Sections 23-961(A) and 23-906(D)

Current through Register Vol. 30, No. 28, July 12, 2024
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. §
									23-961(A),
				  posts the notice required under A.R.S. §
									23-906(D),
				  or makes available the forms required under A.R.S. §
									23-906(D).
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-126 - Revocation of Rejection

Current through Register Vol. 30, No. 28, July 12, 2024
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 days after receiving a written notice of revocation, an insured
				employer shall file with the employer's carrier, or workers' compensation pool,
				a copy of the notice of revocation. The employee has all rights to compensation
				and benefits provided by the Act for any injury that occurs after the employee
				serves the revocation notice upon the employer.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-127 - Insurance Carrier Notification to Commission of Coverage

Current through Register Vol. 30, No. 28, July 12, 2024
A. Every insurance carrier authorized to
				underwrite workers' compensation insurance in Arizona shall, within five days
				after undertaking to insure an employer, report that information to the
				Commission. The carrier shall provide the information on or in the same format
				as Commission form 0006. Form 0006 is available upon request from the
				Commission.
B. Failure to comply
				with this Section does not affect the validity of coverage.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-128 - Medical Information Reproduction Cost Limitation; Definition of Medical Information

Current through Register Vol. 30, No. 28, July 12, 2024
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' compensation matter makes a request for that
				information under A.R.S. §
									23-908(C).
B. This Section applies to all A.R.S. §
									23-908(B)
				 health care providers providing medical
				services to injured claimants including health care providers that contract
				with copying services, recordkeeping services, or other similar services for
				the reproduction of medical information. For purposes of this Section, fees for
				reproduction of medical information charged by these services are considered
				the same as if the reproduction fees are charged by a health care
				provider.
C. For purposes of this
				Section, "medical information" means:
1. A
				communication recorded in any form or medium and maintained for the purpose of
				patient care, diagnosis, or treatment, including a report, note, order, test
				result, photograph, videotape, X-ray, and billing record;
2. A report of an independent medical
				examination that describes patient care or treatment;
3. A psychological record;
4. A medical record held by a health care
				provider including a medical record prepared by another provider; and
5. A recorded communication between emergency
				medical personnel and medical personnel concerning the care or treatment of a
				person.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-129 - Carrier or Workers' Compensation Pool Determinations Binding upon Its Insured or Member; Self-rater Exception

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The Commission deems an insurance 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 insurance carrier or workers'
				compensation pool binding upon the employer. The employer may not protest or
				petition the Commission for relief concerning an action or determination taken
				by the employer's insurance carrier or workers' compensation pool unless the
				employer notifies the carrier or workers' compensation pool, and the Commission
				in writing that the employer disagrees with the carrier's or worker's
				compensation pool's action or determination within the time described in A.R.S.
				§
									23-947.
C. This Section does not apply to employers
				insured under a Self-Rating Insurance Plan.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-130 - Claims Office Location and Function; Requirements of Maintaining an Out-of-state Claims Office

Current through Register Vol. 30, No. 28, July 12, 2024
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' compensation claims office in
				Arizona. A carrier, self-insured employer, and self-insured workers'
				compensation pool shall process and pay workers' compensation claims and
				maintain the workers' compensation claims files described in
				R20-5-131
				in its Arizona office. A carrier, self-insured employer, and self-insured
				workers' compensation pool shall notify the claims division of the Commission
				of the address of the Arizona claims office.
B. Except as provided in subsections (C) and
				(D), a carrier or self-insured employer may request authorization from the
				Commission to maintain an out-of-state claims office. The Commission shall
				grant a carrier or self-insured employer authorization to maintain an
				out-of-state claims office no later than 20 days after the carrier or
				self-insured employer provides satisfactory evidence of the following:
1. Existence of a toll-free telephone line to
				the out-of-state claims office;
2.
				Completion of Commission claims division's training by the individuals
				responsible for claims processing at the out-of-state office; and
3. Designation of a financial institution
				located in Arizona that will cash on demand checks issued by the out-of-state
				claims office.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-131 - Maintenance of Carrier and Self-insured Employer Claims Files; Contents; Inspection and Copying; Exchange of Medical Reports; Authorization to Obtain Medical Records

Current through Register Vol. 30, No. 28, July 12, 2024
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 claims status, wage data, and all other
				items affecting the claim required by law to be maintained by a carrier or
				self-insured employer.
B. Subject
				to subsection (C), all parties, authorized representatives of parties, and
				authorized representatives of the Commission may inspect and copy items
				contained in a carrier's or self-insured employer's claims file within five
				days from the date the item is filed in the claims file.
C. If a carrier or self-insured employer
				maintains a claims file at an out-of-state claims office, the carrier or
				self-insured employer shall make the claims file available for copying and
				inspection to the persons listed in subsection (B) within 10 days after
				receiving a request for the file at a location in Arizona designated by the
				carrier or self-insured employer.
D. A carrier or self-insured employer shall
				furnish copies of a claims file within 10 days after receiving a request from
				any party, authorized representative of a party, and authorized representative
				of the Commission at a charge not to exceed $.25 per page. A carrier or
				self-insured employer may require prepayment of the copying charges if the
				requester or authorized representative has an account with the carrier or
				self-insured employer that is more than 30 days overdue.
E. A carrier or self-insured employer is not
				required to maintain in a claims file, or produce for inspection and copying:
1. Documents or matters representing the work
				product of the carrier or self-insured employer;
2. Documents or matters representing the work
				product of a carrier's or self-insured's attorney; or
3. Investigation and rehabilitation
				reports.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-132 - Parties' Notice to Commission of Intention to Impose Liability upon A.R.S. Section 23-1065 Special Fund

Current through Register Vol. 30, No. 28, July 12, 2024
If the notices required by A.R.S. §
									23-1065
				  are not given to the Commission, the Commission shall not be bound by the
				  testimony and evidence presented at a hearing as it relates to the imposition
				  of liability upon the special fund.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-133 - Claimant's Petition to Reopen Claim

Current through Register Vol. 30, No. 28, July 12, 2024
A. A petition to reopen filed with the
				Commission under A.R.S. §
									23-1061(H)
				 shall be in writing, signed, and dated by
				the claimant or the claimant's authorized representative. A petition to reopen
				form is available from the Commission upon request.
B. A claimant shall provide to the Commission
				a copy of a medical report supporting the disability or condition justifying
				the reopening of the claim.
C. If
				the Commission does not receive the medical report described in subsection (B)
				within 14 days of receipt of a petition to reopen, the Commission shall notify
				all parties, in writing, that it has received a petition to reopen without the
				required medical report. A carrier or self-insured employer is not required to
				act on a petition to reopen that is received without the required medical
				report.
D. If the Commission
				receives a medical report in support of a petition to reopen and a claimant
				does not file a petition to reopen within 14 days of receipt of the medical
				report, the Commission shall forward the medical report to the carrier or
				self-insured employer for information purposes only. A carrier or self-insured
				employer is not required to take any action upon receipt of the medical
				report.
E. If the Commission
				receives a medical report in support of a petition to reopen from an
				out-of-state physician and a party objects to the report at least 20 days
				before a scheduled hearing, the Commission shall not consider the report or
				place the report in evidence unless the party submitting the report produces
				the author of the report for cross-examination either at the hearing or at a
				deposition. The party submitting into evidence the medical report prepared by
				an out-of-state physician shall pay the expenses of a deposition under this
				subsection.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-134 - Petition for Rearrangement or Readjustment of Compensation Based upon Increase or Reduction of Earning Capacity

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				A petition for rearrangement or readjustment of compensation filed with the
				Commission under A.R.S. §
									23-1044(F)
				 shall be in writing. A form is available
				from the Commission upon request.
B. A party or a party's authorized
				representative shall sign a petition for rearrangement or readjustment and
				include in the petition:
1. A statement of
				the basis upon which the rearrangement or readjustment of compensation is
				sought, and
2. Documentation in
				support of the petition.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-135 - Requests for Hearing; Form

Current through Register Vol. 30, No. 28, July 12, 2024
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 Request for Hearing form is available upon request from the Commission and
				requests the following:
1. Employee,
				employer, insurance carrier, authorized representative, and claim
				identification;
2. Issue upon which
				the request for hearing is filed;
3. Requests for subpoenas of
				witnesses;
4. Desired location and
				length of time for the hearing;
5.
				Signature and address of requesting party.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-137 - Service of a Request for Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
A party filing a request for hearing shall serve a copy of
				  the party's request for hearing upon all other parties at the same time that
				  the party files the request for hearing with the Commission. The failure to
				  serve a copy of a request for hearing upon other parties does not affect the
				  validity of the hearing request.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-138 - Hearing Calendar and Assignment to Administrative Law Judge; Notification of Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
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 designated as the presiding
				administrative law judge.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-139 - Administrative Resolution of Issues by Stipulation before Filing a Request for Hearing

Current through Register Vol. 30, No. 28, July 12, 2024
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 is reasonably supported by the facts, the Commission may
				approve the stipulation or enter an appropriate award without a request for
				hearing or hearing.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-140 - Informal Conferences

Current through Register Vol. 30, No. 28, July 12, 2024
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
				hearing if the facts appear to be uncontested.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-141 - Subpoena Requests for Witnesses; Objection to Documents or Reports Prepared by Out-of-state Witness

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Subpoena requests for witnesses.
1. Subpoena
				request for non-medical witness. 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.
2. Subpoena request for expert medical
				witness. A party may request a presiding administrative law judge to issue a
				subpoena to compel the appearance of an expert medical witness by filing a
				written request with the presiding administrative law judge at least 20 days
				before the date of the first scheduled hearing.
3. Statement of expected testimony. In the
				discretion of the presiding administrative law judge, the judge may order the
				party requesting a subpoena to file within five days of the order a written
				statement summarizing the substance of the testimony expected of the
				witness.
4. Issuance of Subpoena. A
				presiding administrative law judge shall issue a subpoena requested under this
				Section if the judge determines that the testimony of the witness is material
				and necessary and, if applicable:
a. The party
				files a timely statement under subsection (A)(3); or
b. The party shows at or before the first
				scheduled hearing that good cause exists for the party's failure to respond
				timely to the judge's order under subsection (A)(3).
5. Service of a subpoena. The Commission may
				serve a subpoena by mail unless the party requesting the subpoena requests
				personal service. If a party requests personal service of a subpoena, the
				Commission shall prepare the subpoena and the party requesting personal service
				shall:
a. Ensure that the subpoena is served
				in the same manner as in a civil action; and
b. Pay all expenses of the service.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-142 - In-state Oral Depositions

Current through Register Vol. 30, No. 28, July 12, 2024
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 scheduled hearing.
B. A party may file with the presiding
				administrative law judge a written objection to the taking of an oral
				deposition within five days after service of the Notice of Deposition. If no
				request for hearing has been filed, a party shall file the written objection
				with the chief administrative law judge. The party objecting to the deposition
				shall:
1. State the basis for objecting to
				the deposition; and
2. Serve a copy
				of the party's objections on all parties.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-143 - Out-of-state Oral Depositions

Current through Register Vol. 30, No. 28, July 12, 2024
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
				witness to be deposed, and
2. Each
				reason why the party's or witness' testimony is necessary.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-144 - Written Interrogatories

Current through Register Vol. 30, No. 28, July 12, 2024
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 scheduled hearing.
B. A party shall not serve more than 25
				interrogatories, including subsections.
C. A party shall serve answers to the
				interrogatories upon all parties within 10 days after service of the
				interrogatories. A party shall not file answers to the interrogatories with the
				Commission.
D. A presiding
				administrative law judge shall not cancel or continue a hearing because a party
				fails to answer interrogatories under this Section.
E. A party shall only use written
				interrogatories served under this Section to impeach a witness during a
				hearing, except that, in the exercise of discretion, the presiding
				administrative law judge may admit the interrogatory answers into evidence for
				another purpose if the party answering the interrogatories is deceased at the
				time of the scheduled hearing.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-145 - Refusal to Answer or Attend; Motion to Compel; Sanctions Imposed

Current through Register Vol. 30, No. 28, July 12, 2024
A. If a party or
				deponent refuses to answer any question asked at a deposition under
				R20-5-142
				or
				R20-5-143,
				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 refusal to answer a question, the party asking the question may
				apply to the presiding administrative law judge for an order compelling the
				deponent to answer the question.
B.
				If a party refuses to answer an interrogatory served under
				R20-5-144,
				the party serving the interrogatory may submit the interrogatory to the
				presiding administrative law judge and apply for an order compelling the
				answer.
C. If a presiding
				administrative law judge issues an order compelling an answer under subsection
				(A) or (B) and finds that a refusal to answer is without substantial
				justification, the presiding administrative law judge shall require the party
				or witness refusing to answer or the authorized representative advising that
				party or witness not to answer, or both of them, to pay to the party asking the
				question:
1. Reasonable attorney's fees
				incurred to obtain the order compelling the answer, and
2. Reasonable expenses that will be incurred
				to obtain the requested answer.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-147 - Videotape Recordings and Motion Pictures

Current through Register Vol. 30, No. 28, July 12, 2024
A. A party proposing to offer a videotape
				recording or motion picture into evidence at a Commission hearing shall provide
				written notice to the Commission and all parties at least 40 days before the
				first scheduled hearing.
B. If a
				party serves a written request to view a videotape recording or motion picture
				upon the party proposing to submit the videotape recording or motion picture
				into evidence, the party proposing to offer the videotape recording or motion
				picture into evidence shall provide the necessary facilities and equipment to
				allow the other party to view the videotape recording or motion picture no
				later than 25 days before the first scheduled hearing.
C. A presiding administrative law judge may
				admit into evidence a videotape recording or motion picture if the videotape
				recording or motion picture:
1. Is a
				reasonable and accurate representation of the scene, person, object, or action
				portrayed; and
2. Will aid in the
				understanding of the issues before the presiding administrative law
				judge.
Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 05 - INDUSTRIAL COMMISSION OF ARIZONA › Article 1 - WORKERS' COMPENSATION PRACTICE AND PROCEDURE › Section R20-5-148 - Burden of Presentation of Evidence; Offer of Proof

Current through Register Vol. 30, No. 28, July 12, 2024
A. A party shall rest at the conclusion of
				the presentation of the party's 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 witness from answering a question, the presiding administrative law
				judge shall permit an offer of proof in the form of an avowal or in
				writing.