Claims Kit

Physician Selection

The employee has the right to select the doctor of their choice, unless the employer is self-insured. If the employer is self-insured and has contracted medical care which is registered with the ICA, the employee is required to see the employer’s doctor, in these circumstances, a change of doctors would only be approved on a very limited basis.

The law allows the employer to request that they be seen by a doctor of their choice for one visit. if the employee voluntarily visits this doctor more than once, it is interpreted that they have officially chosen their doctor.

Once the employee has chosen their doctor, they may not change to another doctor without the approval of the current doctor, the carrier or the ICA. If  they want to change doctors and the current doctor will not authorize the change,  the employee must call the carrier for their approval. If the carrier will not agree to the change, the employee may apply in writing to the ICA for approval.  The ICA will review the case, contact the carrier and/or the doctor for their opinion on the change, and issue an award either approving or disapproving the change.  the employee should not begin treating with a new doctor prior to an approval being granted, as the bills may not be paid. If the employee or the carrier disagrees with the award, a request for hearing must be filed.

A very small number of employers have filed with the ICA a plan listing the doctors their employees are to use. The legality of this plan has not yet been decided by the courts. The ICA will consider a request to change doctors and issue an award either approving or denying the request. If the ICA approves the change of doctors to a doctor who is not under the employer’s plan and the courts find the plan legal,  they may risk the loss of benefits and could be held responsible for any medical bills for treatment received.

Change of Physician

The Commission will authorize a change of physician if: R20-5-113

1. The Commission determines that the health, life, or recovery of a claimant is retarded, endangered, or impaired;
2. The attending physician agrees to the change or is unavailable to continue treatment;
3. The Commission determines that the relationship between the attending physician and claimant renders further progress or improvement unlikely;
4. The Commission determines that the claimant's recovery may be expedited by a change of physician or conditions of treatment; or
5. The insurance carrier agrees to the change

Posting Requirements ARS 23-964  ARS 23-906

Each employer providing insurance or electing to pay compensation directly must post in one or more conspicuous places about his place of business typewritten or printed notices, stating that he has complied with the provisions of the workers' compensation laws.

Poster Worker' Compensation Notice to Employees

Employers must post the following two forms immediately next to the Notice to Employees shown immediately above.
Work Exposure to Bodily Fluids (Bilingual)
Work Exposure to MRSA, Spinal Meningitis, or Tuberculosis (TB)

Failure to Comply ARS 23-906  If an employer fails to post the notice and to keep it posted as required,  or fails to keep the blank forms of notice available to be signed by the employee, no employee who engages in employment , during this time is deemed to have accepted the provisions of this section. It will be optional for the employee, if injured during this period , to accept compensation under this section, or to maintain other action against the employer.

Employee Safety and Health Protection Poster (Bilingual)

Reporting of Claim by Employer ARS 23-908 (G)   R20-5-110

Within ten days after receiving notice of an accident, the employer must inform the insurance carrier and the commission on the forms and in the manner as prescribed by the commission. "Employer's Report of Industrial Injury" (form 0101)

If an employee dies as a result of an injury by accident arising out of and in the course of employment, the employer must 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. 

Penalties for Late Reporting ARS 23-908(I)

Any person failing or refusing to comply with reporting an injury as stated in the above statute is guilty of a petty offense.