What is the Definition of Disability?

Arizona Workers Compensation Act

Worker CompensationCompensability OverviewHistoryArising out of employment In the course of employment Exclusive remedy Mental, heart, hernia, gradual Statute of limitations Forthwith reporting

Worker CompensationBenefits OverviewMedicalActive CareSupportive CareCompensationTemporary disabilityPermanent disabilityLifetime Right to Reopen

Worker CompensationTemporary Benefits Overview Temporary total disability2/3 of AMW (capped at $4,337.32)14 day period Temporary partial disability2/3 of AMW- earnings30 day periodLight duty issues

Worker CompensationPermanent Benefits OverviewScheduled Extremity, vision, hearingFormula at 50% if return to DOI job; 75% if notUnscheduledTotal = 2/3 of average monthly wagePartial = 55% of loss of earning capacityVocational rehabilitation bonus and apportionmentLifetime rights and rearrangement

Worker CompensationCompensabilityInjury by accidentArising out of employmentIn the course of employmentGradual injuriesExceptionsIntoxication (reason for drug/alcohol testing policies)Self-inflicted injuryOccupational disease

Worker CompensationClaim FilingStatute of limitationsForthwith reportingEmployers reporting responsibilityRetaliation = wrongful terminationInsurance options and choice of doctorSelf-insurance Choice of physician issues

Worker CompensationICA clearinghouse for claimsClaims processing by noticeAverage Monthly WageSet by ICA$4337.82 maximumAggregation of wages from other jobsInclusion and exclusion

Worker CompensationActive medical care benefits Waiting period for compensationTemporary compensation benefitsTemporary total disabilityTemporary partial disabilityLight duty issuesOffset for UI and 50% of retirement benefits

Worker CompensationMedically stationary status/claim closureRight to reopen claimsLifetime rightThree requirements to reopenSupportive medical care benefits

Worker CompensationPermanent impairment and disabilityPermanent benefitsScheduled Extremity, vision, hearingFormula at 50% if return to DOI job; 75% if notUnscheduledTotal = 2/3 of average monthly wagePartial = 55% of loss of earning capacityVocational rehabilitation bonus and apportionmentLifetime rights and rearrangement

Worker CompensationLump sum commutationVocational rehabilitationDeath and burial benefitsSuspension of benefitsIncarcerationLeaving the State without permissionObstructing medical examination or care

Worker CompensationIndustrial Commission of ArizonaInformative video at www.ica.state.az.us Requests for hearing and other relief90 days after notice10 days after some ICA awards1061JBad faith

Worker CompensationAdministrative Law Judge hearingDiscoveryLive medical testimonyRemediesRequests for ReviewSpecial Actions and limits on appealSettlements

What is the Definition of Disability? ADA and Rehabilitation Act FMLA Workers Compensation Private Disability Insurance Social Security

RetaliationBy TerminationAEPA

Exercise of rights under workers compensation statutes ARS 23-1501(3)(c)(iii)

Employee refusal to pay for own worker comp premiumsUnder ARS 23-1025(A) ARS 23-1501(3)(c)(i)

Employee refusal to waive worker comp remediesARS 23-1501(3)(b)

Employee whistleblowing to employer or ICA about unlawfulpractices. ARS 23-1501(3)(c)(ii)

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