Arizona Revised Statutes Title 23, Chapter 6, Secs. 23-901 through 23-1105: Workers' Compensation

What this document is

Arizona Revised Statutes Title 23, Chapter 6 - Workers' Compensation (Secs. 23-901 through 23-1105) is a state statute published by Arizona State Legislature (azleg.gov). It is one of the Arizona documents that insurance license exam questions are written from, including arizona property & casualty practice questions. This page summarizes it and points to the official version, which is the text to rely on.

Sections cited in practice questions

Each practice answer shows the exact passage it comes from. These are sections of this document that questions cite, with a short excerpt from the source text.

• A.R.S. § 23-1022(A) (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...”

• A.R.S. § 23-901(6)(b) (Definitions)

  “(b) Every person in the service of any employer subject to this chapter, including aliens and minors legally or illegally allowed to work for hire, but not including a person whose employment is both: (i) Casual. (ii) Not in the usual course of the trade, business or occupation of the employer.”

• A.R.S. § 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...”

• A.R.S. § 23-1025(A) (Agreement by employee to waive compensation or to pay premium void; unlawful collection of premium; classification)

  “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.”

• A.R.S. § 23-961(F) (Methods of securing compensation by employers; deficit premium; civil penalty)

  “F. At least thirty days' notice shall be given by the insurance carrier to the employer and to the commission of any cancellation or nonrenewal of a policy if the cancellation or nonrenewal is at the election of the insurance carrier. The insurance carrier shall promptly notify the commission of...”

• A.R.S. § 23-1091(A) (Assigned risk plan)

  “An employer who is refused coverage by two or more insurers shall be placed in the assigned risk plan established by this section unless any of the following factors exist when the employer submits an application for the assigned risk plan:”

• A.R.S. § 23-902(D) (Employers subject to chapter; exceptions)

  “A written agreement executed in compliance with this subsection creates a rebuttable presumption of an independent contractor relationship between the parties if the written agreement contains a disclosure statement that the independent contractor is not entitled to workers' compensation benefits...”

• A.R.S. § 23-907(J)(1) (Liability of employer failing to secure compensation)

  “If the commission has assessed a civil penalty under this section against an employer within the previous five years for failure to secure workers' compensation as required under this chapter, the commission may assess an additional civil penalty against the employer that: 1. Does not exceed five...”

• A.R.S. § 23-930(B) (Unfair claim processing practices; bad faith; civil penalties)

  “If the commission finds that unfair claim processing or bad faith has occurred in the handling of a particular claim, it shall award the claimant, in addition to any benefits it finds are due and owing, a benefit penalty of twenty-five percent of the benefit amount ordered to be paid or $500, whichever is more.”

• A.R.S. § 23-1023(B) (Liability of third person to injured employee; election of remedies)

  “do not pursue a remedy pursuant to this section against the other person by instituting an action within one year after the cause of action accrues”

• A.R.S. § 23-1024(A) (Choice of remedy as waiver of alternate remedy)

  “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...”

• A.R.S. § 23-966(A) (Failure of employer to pay claim or comply with commission order; reimbursement of funds)

  “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...”

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