23-901.03. Appointment of committee of medical consultants for claims; qualifications, powers, duties and compensation
A. For each case submitted by a claimant for compensation the commission may, or if requested by an interested party shall, appoint a committee of expert consultants on occupational diseases, three licensed physicians in good professional standing, each of whom shall have had at the time of appointment, and immediately prior thereto, at least five years' practice in the diagnosis, care and treatment of the particular disease or diseases for which the claim is submitted and the interpretation of x-ray films thereof.
B. The Arizona state medical association may, at least annually, certify to the commission the names of all licensed physicians within the state who have the qualifications specified in this section, and if such certification is made, then the appointment shall be made from the list so certified by the medical association.
C. There also shall be appointed by the commission an industrial hygienist to serve as an advisor to the committee. Such industrial hygienist shall render reports to the committee when asked to do so by the committee or the commission.
D. After filing a claim for compensation under this chapter for an occupational disease, the commission may, or if requested by an interested party shall, direct an examination of and report upon the claimant by the committee of expert consultants, or one of them, including such x-ray and other pathological examinations and tests as in their opinion may be necessary for the purpose of determining diagnosis, disablement, causal relation to the employment and the nature and type of medical treatment, hospitalization and other care required. If the claim is not controverted as to any medical fact, the examination and report of one member of the committee shall be deemed the examination and report of the committee. If the claim is controverted as to any medical fact, the report shall be made by the full committee after a physical examination by at least one member thereof. The findings and opinions of a majority of the committee shall constitute the findings and opinion of the committee. The contents of the report of the committee when placed in the record shall constitute prima facie evidence of fact as to the matter contained therein. The committee or any member thereof making the report shall be subject to examination upon demand of any interested party. Copies of the report shall be sent to all parties interested.
E. The committee, or any member thereof, in order to assist in reaching a conclusion may require the attending physician or director of a hospital or sanitarium or other place in which treatment or care is being given, or has been given, to attend at a convenient time and place to consult with the committee or any member thereof, and describe the nature and type of care and treatment and furnish any other evidence which the committee, or any member thereof, desires.
F. When a claim for death benefits is filed, the committee may examine all available evidence pertaining to the claim and may make findings and report thereon. The report shall constitute prima facie evidence of fact as to the matters contained therein.
G. The commission upon the application of an interested party shall direct the committee or a member thereof, to make examinations of claimants, review the findings of special medical examiners, read and review the files of compensation cases when necessary and render to the commission an opinion as to the findings in such cases.
H. The commission shall fix the compensation of the members of the committees and advisors for services rendered which shall be paid from the administrative fund.
Structure Arizona Revised Statutes
§ 23-101 - Industrial commission; members; qualifications; appointment; terms; compensation; removal
§ 23-102 - Payment of salaries of commissioners
§ 23-103 - Organization; quorum
§ 23-104 - Seal; copies of orders or records as evidence
§ 23-105 - Sites of offices and sessions; business hours; sessions and records; voting
§ 23-106 - Capacity to sue and be sued; service of summons on commission
§ 23-108 - Director; employees; compensation and expenses
§ 23-108.01 - Powers and duties of director
§ 23-108.02 - Administrative law judges
§ 23-108.03 - Performance of certain powers and duties
§ 23-110 - Industrial commission ombudsman
§ 23-201 - Obtaining labor by false pretenses; civil liability; classification
§ 23-202 - Exaction of fee or gratuity as condition of employment prohibited; classification
§ 23-204 - Employee benefits; state preemption; exemption; definition
§ 23-205 - Employee scheduling; state preemption; exemptions
§ 23-206 - Employers; accommodations required
§ 23-213 - Employer actions; federal or state law compliance
§ 23-216 - Independent contractors; applicability
§ 23-231 - Prohibited employments of persons under the age of eighteen
§ 23-232 - Prohibited employments of persons under the age of sixteen
§ 23-233 - Permissible hours of labor for persons under the age of sixteen; exceptions; definition
§ 23-234 - Minimum age of newspaper carriers
§ 23-236 - Cease and desist order; time for compliance; civil penalty
§ 23-237 - Hearings on cease and desist orders
§ 23-239 - Violation; classification
§ 23-240 - Rules and regulations
§ 23-241 - Application for variation; contents; notice; denial; hearing
§ 23-242 - Applicability of other laws
§ 23-281 - Operation of certain railroad employers on prescribed time
§ 23-286.01 - Agricultural operations
§ 23-287 - Requiring railroad employee to work longer than sixteen consecutive hours; classification
§ 23-312 - Powers and duties of commission
§ 23-313 - Investigation of wage rates
§ 23-314 - Wage board; membership; organization; quorum; compensation
§ 23-315 - Classification of employments by wage board
§ 23-316 - Establishment of minimum fair wage; procedure; criteria
§ 23-317 - Learner and apprentice wage rates
§ 23-318 - Power of wage board to administer oaths, issue subpoenas and take depositions
§ 23-319 - Notice of hearing on wage matters
§ 23-320 - Duty of commission to provide information to wage board
§ 23-321 - Report of wage board; action by commission
§ 23-323 - Posting of wage orders
§ 23-324 - Reconsideration of minimum wages in effect over a year
§ 23-326 - Special licenses to work for less than minimum wage
§ 23-327 - Action by employee for recovery of wages; amount of recovery
§ 23-328 - Contract or agreement for employment of minor at oppressive wage void
§ 23-329 - Violations; classification
§ 23-341 - Equal wage rates; variations; penalties; enforcement
§ 23-352 - Withholding of wages
§ 23-353 - Payment of wages of discharged employee; violation; classification
§ 23-354 - Preference of wages in insolvency proceedings or upon death of employer
§ 23-355 - Action by employee to recover wages; amount of recovery
§ 23-357 - Investigation of wage and nonwage compensation claims
§ 23-358 - Review of department determination
§ 23-359 - Effect of department determination
§ 23-361 - Rules and regulations
§ 23-361.01 - Employer requirements; cash payments; unlawful practices; civil penalty
§ 23-361.02 - Paycheck deductions; authorization; civil penalty; definition
§ 23-362 - Minimum wage; prohibition
§ 23-362; Version 2 - Definitions
§ 23-365 - Reliance on administrative rule or regulation
§ 23-372 - Accrual of earned paid sick time
§ 23-373 - Use of earned paid sick time
§ 23-374 - Exercise of rights protected; retaliation prohibited
§ 23-377 - Confidentiality and nondisclosure
§ 23-379 - Other legal requirements
§ 23-380 - Public education and outreach
§ 23-381 - Collective bargaining agreements
§ 23-391 - Overtime pay; workweek
§ 23-405 - Duties and powers of the industrial commission relative to occupational safety and health
§ 23-407 - Duties and powers of the division
§ 23-409 - Advisory committees
§ 23-410 - Development of standards and rules
§ 23-411 - Temporary and experimental variances
§ 23-412 - Permanent variances
§ 23-413 - Protest of validity of order
§ 23-414 - Emergency temporary standards
§ 23-416 - De minimis violations
§ 23-417 - Enforcement procedure
§ 23-418 - Penalties; violation; classification
§ 23-420 - Hearing rights and procedures
§ 23-421 - Decisions of the administrative law judge; definition
§ 23-423 - Review board rights and procedures; definition
§ 23-425 - Employee discharge or discrimination
§ 23-426 - Confidentiality of trade secrets
§ 23-427 - Employer recordkeeping
§ 23-428 - State legal representation
§ 23-429 - Employer and employee representation
§ 23-430 - Political subdivision jurisdiction
§ 23-431 - Standards of competency
§ 23-432 - Voluntary protection and other model system implementation programs; exemption
§ 23-473 - Owner's and operator's duty
§ 23-474 - Duties of commission
§ 23-476 - Safety standards and regulations
§ 23-477 - Notice requesting investigation
§ 23-479 - Hearing rights and procedures
§ 23-480 - Decisions of administrative law judge; contents; disposition and effect
§ 23-481 - Decision upon review
§ 23-482 - Time for compliance with order; extension of time; effect of orders
§ 23-484 - Nonimpairment of other agencies
§ 23-485 - Special inspectors; civil liability
§ 23-486 - Boiler advisory board; members; terms; meetings
§ 23-487 - Political subdivision jurisdiction
§ 23-488 - Division inspection service
§ 23-491.02 - Owner's and operator's duty
§ 23-491.03 - Existing conveyances
§ 23-491.04 - Commission powers and duties
§ 23-491.06 - Development of standards and regulations
§ 23-491.07 - Certificate of inspection
§ 23-491.08 - Notice requesting investigation; confidentiality; determination of grounds
§ 23-491.10 - Hearing rights and procedures
§ 23-491.11 - Decisions of administrative law judge; contents; disposition and effect
§ 23-491.12 - Decision upon review
§ 23-491.13 - Effective date of orders; time for compliance; effect of orders
§ 23-491.15 - Nonimpairment of other agencies
§ 23-493.01 - Collection of samples
§ 23-493.02 - Scheduling of tests
§ 23-493.03 - Testing procedures
§ 23-493.04 - Testing policy requirements
§ 23-493.05 - Disciplinary procedures
§ 23-493.06 - Employer protection from litigation
§ 23-493.07 - Causes of action based on test results
§ 23-493.08 - Limits to causes of action
§ 23-493.09 - Confidentiality of results; access to records
§ 23-493.10 - Construction; collective bargaining
§ 23-493.11 - Effect of mandatory testing obligations
§ 23-494 - Noncompete clause prohibition; broadcast employees; definitions
§ 23-495.01 - Voluntary veterans' performance employment policy; private employers; eligibility
§ 23-502 - Rehabilitation services
§ 23-503.01 - Coordination of vocational rehabilitation services
§ 23-504 - Merchandising businesses for the blind
§ 23-506 - Eligibility for assistance
§ 23-508 - Administrative funds
§ 23-553 - Day labor service agency; third party employer; duties
§ 23-562 - Professional employer agreements; rights; notice
§ 23-563 - Registration requirements; confidentiality
§ 23-564 - Initial registration; fee
§ 23-565 - Renewal registration; fee
§ 23-567 - Limited registration; fee
§ 23-568 - Alternative registration; fee
§ 23-569 - Financial capability; bonding; exception
§ 23-571 - Tax obligations and incentives
§ 23-572 - Services not insurance
§ 23-574 - Covered employees; licensing
§ 23-575 - Violations; classification; civil penalties; rules
§ 23-576 - Professional employer organization fund; use; exemption
§ 23-601 - Declaration of policy
§ 23-602 - Definitions of words and phrases
§ 23-603 - Agricultural labor; definitions; exemption
§ 23-603.01 - American employer
§ 23-604 - Annual payroll and average annual payroll
§ 23-606 - Base-period employers
§ 23-609.01 - Hearing officers
§ 23-613.01 - Employee; definition; exempt employment
§ 23-615 - Employment; definition
§ 23-615.01 - Political subdivision or instrumentality employment
§ 23-617 - Exempt employment; definition
§ 23-618.02 - Institution of higher education
§ 23-619.01 - Misconduct connected with the employment; wilful misconduct; evaluation
§ 23-621 - Unemployed; definition
§ 23-624 - Plan maintained by an employer
§ 23-625.01 - Definition of debtor
§ 23-625.02 - Definition of internal revenue code
§ 23-628 - Extended benefit period
§ 23-630 - On and off indicators
§ 23-631 - Rate of insured unemployment; definition
§ 23-632 - Definition of regular benefits
§ 23-633 - Definition of state law
§ 23-634 - Eligibility requirements for extended benefits
§ 23-635 - Weekly extended benefit amount
§ 23-636 - Total extended benefit amount; certain adjustments
§ 23-637 - Beginning and termination of extended benefit period
§ 23-638 - Credits and charges to employer accounts
§ 23-639 - Applicability of other articles
§ 23-642 - Compromise of claims for contributions
§ 23-643 - Extensions of time; regulations
§ 23-644 - Reciprocal arrangements
§ 23-645 - State-federal cooperation
§ 23-649 - Acquisition of lands and buildings
§ 23-652 - Publications by commission
§ 23-654 - Availability of records to foreign agency
§ 23-656 - Enforcement of chapter
§ 23-657 - Violations; classification
§ 23-921 - Administration of chapter
§ 23-926 - Inspection of employer records; noncompliance by employer; penalty
§ 23-927 - Power to enter places of employment
§ 23-928 - Investigation by agents
§ 23-929 - Enforcement of chapter
§ 23-930 - Unfair claim processing practices; bad faith; civil penalties
§ 23-932 - Violations; classification
§ 23-933 - Priority of judgment against assets of employer
§ 23-673 - Determination of claim on unemployment due to labor dispute
§ 23-674 - Procedure in rendering decisions and orders; rights of parties; representation
§ 23-675 - Depositions; oaths; attendance of witnesses; production of papers
§ 23-676 - Failure to obey commission subpoena; classification
§ 23-677 - Contempt by contumacy or refusal to obey subpoena of commission
§ 23-680 - Notices of hearings
§ 23-681 - Changing hearing date; good cause
§ 23-682 - Service of documents by electronic means
§ 23-701 - Unemployment compensation fund; administration; composition
§ 23-702 - Custody of unemployment compensation fund
§ 23-705 - Special administration fund
§ 23-706 - Use of special administration fund; transfer of monies
§ 23-707 - Employment security administration fund
§ 23-708 - Reimbursement of employment security administration fund
§ 23-709 - Employment service account
§ 23-721 - Work records kept by employing unit; inspection by commission
§ 23-722.02 - Employer request; employee disclosure; violation; classification; requirements
§ 23-722.03 - Memorandum of understanding; retention; use; definition
§ 23-722.04 - Unemployment insurance information; disclosure; violation; classification
§ 23-723 - Penalties for failure to file timely or complete contribution and wage reports
§ 23-724 - Liability determinations; review; finality
§ 23-725 - Employer coverage; termination; election of coverage
§ 23-726 - Contributions; voluntary payment
§ 23-727 - Credits and charges to employer accounts
§ 23-728 - Standard rate of contribution
§ 23-729 - Change from the standard contribution rate
§ 23-730 - Variation and adjustment of contribution rates
§ 23-733.01 - Assignments of rates; transfers of experience; violation; civil penalty; definitions
§ 23-734 - Agreement by employee to pay employer contribution void
§ 23-736 - Interest on past due contributions; deposit of interest
§ 23-737 - Collection of contributions or interest; precedence of action
§ 23-737.01 - Collection of amounts due by certificate for judgment
§ 23-737.02 - Recovery of collection costs; fee for bad checks
§ 23-738 - Delinquency assessments; interest and penalties; petition for reassessment
§ 23-738.01 - Deficiency assessment; petition for reassessment
§ 23-739 - Jeopardy assessment; petition for reassessment
§ 23-740 - Procedure on petition for reassessment
§ 23-741 - Payment of amounts in dispute
§ 23-742 - Adjustment or refund of contribution; limitation
§ 23-744 - Priority of claim for contributions due upon insolvency proceedings
§ 23-745 - Lien for unpaid contributions, interest and penalties
§ 23-746 - Superiority of lien; notice
§ 23-746.01 - Release or subordination of lien
§ 23-747 - Release of lien; bond; foreclosure and judgment against surety
§ 23-748 - Effect upon lien of transfer of assets by delinquent
§ 23-750 - Special provisions for nonprofit organizations and state and local governments
§ 23-752 - Levy assessment and distraint
§ 23-753 - Surrender of property subject to levy; definition
§ 23-754 - Production of books
§ 23-755 - Property exempt from levy
§ 23-756 - Notice and sale of seized property
§ 23-757 - Authority to release levy and return property
§ 23-762 - Requirements of shared work plan; approval
§ 23-763 - Shared work benefits; eligibility; requirements
§ 23-766 - Other provisions of this chapter; department regulations; applicability
§ 23-771 - Eligibility for benefits
§ 23-771.01 - Approved training; definitions
§ 23-771.02 - Training program
§ 23-773 - Examination and determination of claims
§ 23-774 - Documentation of benefit eligibility
§ 23-775 - Disqualification from benefits
§ 23-778 - Disqualification from benefits for fraud
§ 23-780 - Duration and amount of benefits; definition
§ 23-781 - Denial of benefits to certain athletes and aliens
§ 23-782 - Payment of benefits
§ 23-784 - Agreement for waiver of rights void
§ 23-788 - Recovery of trade act overpayments
§ 23-789 - Recovery of child support obligations; definitions
§ 23-789.01 - Recovery of uncollected overissuance of food stamp coupons; definitions
§ 23-791 - Benefits reduced by pension payment; definition
§ 23-792 - Voluntary withholding; income tax
§ 23-793 - Qualified transient lodging employment; definition
§ 23-794 - School bus contractors with educational institutions; definition
§ 23-795 - Contract educational providers; definition
§ 23-796 - Services for a charter school; benefits
§ 23-798 - Reservation of legislative authority; no vested rights
§ 23-799.01 - Fraud prevention; report
§ 23-801 - Liability of employer
§ 23-802 - Declaration of policy
§ 23-803 - Hazardous occupations
§ 23-804 - Posting of notices by employer
§ 23-805 - Right of action for damages; two-year limitation
§ 23-807 - Agreement exempting employer from liability void; setoffs by employer
§ 23-808 - Limitation on attorney's fee; violation; classification
§ 23-901.01 - Occupational disease; proximate causation; definition
§ 23-901.02 - Liability of last employer; exception
§ 23-901.06 - Volunteer workers
§ 23-901.07 - Persons with disabilities in vocational training; definition
§ 23-901.08 - Professional employer organizations
§ 23-901.09 - Presumption; cancers; firefighters and fire investigators; applicability; definitions
§ 23-902 - Employers subject to chapter; exceptions
§ 23-903 - Application of chapter to persons engaged in interstate commerce; limitation
§ 23-905 - Minor employees; limitation on payment of lump sum award; additional compensation
§ 23-909 - Motion picture exemption
§ 23-910 - Exemption for licensees
§ 23-941 - Hearing rights and procedure
§ 23-941.01 - Settlement of claims; full and final; exception; definitions
§ 23-941.02 - Vexatious litigants; designation; definitions
§ 23-941.03 - Settlement of claims; supportive medical maintenance benefits; definition
§ 23-942 - Awards of administrative law judge; contents; disposition and effect
§ 23-944 - Effective date of orders; time for compliance; effect of orders
§ 23-945 - Petition for hearing on validity of order; procedure; substitution of order
§ 23-946 - Action asserting invalidity of order; limitation; venue and procedure
§ 23-946.01 - Stay of court proceedings pending determination of issues by commission
§ 23-947 - Time within which hearing must be requested; definition
§ 23-949 - Effect of action concerning order; procedure to stay order
§ 23-950 - Priority of actions
§ 23-952 - Continuation of order or award pending hearing or appeal
§ 23-953 - Notice of award; effect of petition for hearing or appeal; overpayment
§ 23-954 - Payment of interest on awards
§ 23-961 - Methods of securing compensation by employers; deficit premium; civil penalty
§ 23-961.01 - Self-insurance pools
§ 23-962 - Insurance by governmental units; payment of premiums
§ 23-963 - Provisions of compensation insurance policy
§ 23-963.01 - Policies with deductible coverage; medical-only loss
§ 23-964 - Posting notice of compliance with compensation law
§ 23-966 - Failure of employer to pay claim or comply with commission order; reimbursement of funds
§ 23-967 - Deduction of premium from employee wage or salary; violation; classification
§ 23-968 - Notification to employer by carrier
§ 23-969 - Satisfaction of lien; release
§ 23-971 - Firefighter and fire investigator cancer claim information; data sharing; definitions
§ 23-1001 - Delivery of insurance contract or policy to employer
§ 23-1021 - Right of employee to compensation
§ 23-1021.01 - Peace officers; fire fighters; employment status
§ 23-1023 - Liability of third person to injured employee; election of remedies
§ 23-1024 - Choice of remedy as waiver of alternate remedy
§ 23-1027 - Compensation precluded by neglect or refusal of employee to submit to treatment
§ 23-1029 - Repeal of chapter; effect on rights of parties
§ 23-1030 - Effect on employers' liability law
§ 23-1031 - Persons incarcerated; suspension of benefits
§ 23-1041 - Basis for computing compensation; definition
§ 23-1042 - Basis for computing average monthly wage of minor permanently incapacitated
§ 23-1043 - Hernias classified for compensation purposes
§ 23-1043.01 - Heart-related and mental cases
§ 23-1043.02 - Human immunodeficiency virus; establishing exposure; definition
§ 23-1043.03 - Hepatitis C; establishing exposure; definition
§ 23-1044 - Compensation for partial disability; computation
§ 23-1045 - Compensation for total disability; permanent total disability defined
§ 23-1048 - Reasonable accommodations; earning capacity determination; definitions
§ 23-1061.01 - Treatment by prayer or spiritual means
§ 23-1062.03 - Evidence-based medical treatment guidelines
§ 23-1063 - Apportionment of compensation
§ 23-1064 - Presumptions of dependency; determination
§ 23-1065 - Special fund; purposes; investment committee
§ 23-1066 - Minor or incompetent claimant; appointment of guardian ad litem; procedure
§ 23-1067 - Commutation of compensation to lump sum payment
§ 23-1069 - Attorney's fees; payment; time limitation
§ 23-1070 - Medical, surgical and hospital benefits provided by employer; pilot program
§ 23-1070.01 - Request for early hearing; stipulation; action of commission
§ 23-1072 - Autopsy in death claims; effect of refusal by claimant
§ 23-1073 - Processing of prior claims
§ 23-1081 - Administrative fund; purposes and administration
§ 23-1091 - Assigned risk plan
§ 23-1101 - Definition of report
§ 23-1102 - Workers' compensation presumptions of compensability; report
§ 23-1103 - Impact of presumptions; liability
§ 23-1104 - Report procedures and deadlines
§ 23-1105 - Heart-related, perivascular and pulmonary cases; firefighters; presumption; definition
§ 23-1306 - Civil liability of person violating article
§ 23-1307 - Injunctive relief from injury resulting from violation of article
§ 23-1322 - Unlawful picketing
§ 23-1323 - Injunctive relief; damages
§ 23-1324 - Violations; classification
§ 23-1325 - Defamation; damages
§ 23-1327 - Unlawful mass assembly
§ 23-1328 - Trespassory assembly
§ 23-1329 - Publicizing enjoined picketing or assembly; prohibition
§ 23-1361 - Blacklist; definition; exceptions; privileged communications; immunity
§ 23-1362 - Blacklisting; classification
§ 23-1381 - Declaration of policy
§ 23-1383 - Rights of employees
§ 23-1384 - Rights of employer
§ 23-1385 - Unfair labor practices; definition
§ 23-1386 - Agricultural employment relations board; members; terms; appointment
§ 23-1388 - Officers and employees of the board
§ 23-1389 - Representatives and elections
§ 23-1390 - Prevention of unfair labor practices
§ 23-1391 - Investigatory powers
§ 23-1392 - Violation; classification
§ 23-1393 - Court jurisdiction
§ 23-1411 - Public safety employee organizational rights; definition
§ 23-1502 - Constructive discharge
§ 23-1601 - Declaration of independent business status
§ 23-1602 - Determination of employment relationship; prohibition
§ 23-1603 - Qualified marketplace contractors; definitions
§ 23-1605 - Motor carriers; employment status; safety improvement; definitions
§ 23-1702 - Municipal firefighter cancer reimbursement fund; exemption; rulemaking; annual report