Arizona workers injured by their jobs are entitled to compensation for medical expenses and loss of earning capacity.  The Industrial Commission of Arizona administers this compensation process and adjudicates claims for compensation as provided by Arizona law.  Parties should read Rules 21-26 the Arizona Rules of Procedure for Special Actions, which explain the process under which Court of Appeals reviews an Industrial Commission award. 

 

Generally, the injured worker must file a claim with the Industrial Commission within one year of the accident or, if the injury does not appear at the time of the accident, within one year of when it appears.  As the claim proceeds, the insurer will issue notices of claim status.  If there is a dispute about a notice, the worker can request a hearing before an Industrial Commission Administrative Law Judge (ALJ). The ALJ will take evidence, hear from the injured worker and other witnesses, and issue a decision called an “award.”  An award is any formal written document the ALJ issues that determines a worker’s right to benefits.  It may be titled “action,” “order,” or “award.”  Award—Workers’ Compensation: A decision by an Administrative Law Judge with the Industrial Commission of Arizona about a claim. Even if the claimant is denied a claim or benefit, the decision is referred to as an award.

 

Before appealing to the Court of Appeals, a party must file a timely Request for Review of the ALJ’s award.  The request must be filed within 30 days after the date the ALJ’s decision was mailed to the parties (not the date it was received).  If a timely Request for Review is filed, the same ALJ who issued the award will review the evidence and any written arguments submitted by the parties.  The ALJ will issue a Decision Upon Review, which may affirm, reverse, rescind, modify, or supplement the award. 

 

The Decision Upon Review becomes final unless  one of the parties files a "Special Action-Industrial Commission" petition for review with the Court of Appeals within 30 days after the Decision is mailed.  The petition must identify the award to be reviewed and the date the ALJ issued it.  A copy of the award and the Decision Upon Review should be attached to the petition.  A special action cover sheet must accompany the petition. In addition, the petition should ask the Court of Appeals to issue a “Writ of Review” directing the Industrial Commission to file a certified record of the proceedings (claims file and hearing file) with the Court.

 

The party filing the petition is the “Petitioner.”  All other parties are “Respondents.”  The caption of the petition must name each party to the award, including the Industrial Commission, and identify each of them as employee, employer, or insurance carrier.  The Industrial Commission is always named as a Respondent.  The caption must include the Industrial Commission’s claim number, the insurance carrier's claim number (if applicable), and the Court of Appeals case number (assigned when the petition is filed).  The petitioner or the petitioner’s attorney must sign the petition.

 

Once the Court’s filing fee has been satisfied, the Court will issue a Writ of Review, and the Petitioner must at that time serve the Respondents with a copy of the petition.  Mailing a copy of the petition to the Respondents’ last known address as shown in the Industrial Commission file is sufficient.  If a party is represented by counsel, the petition should be sent to counsel and not the party.  Service on the Industrial Commission and the State Compensation Fund (if a party) must be made on their(its?) Chief Counsel.  The Petitioner should not serve the petition before it has been filed and the Court has issued the Writ of Review.

 

Any party other than the Petitioner who wants to participate in the Court of Appeals must file a “Notice of Appearance” in the Court no later than 10 business days after the party is served with the petition.  If a Respondent does not file and serve the notice, other parties need not send copies of any brief, motion, or other matters filed with the Court to that Respondent.

 

The Industrial Commission will send the entire record to the Court within 10 days after it receives the Writ of Review.  The Court will notify the parties when the record has been received.  These documents are not available to the public, but the parties or their counsel can access them by coming to the Court of Appeals Clerk’s Office and presenting identification.  If the record does not contain all documents filed with the Industrial Commission, a party may file a motion asking the Court to supplement the record.  A party cannot add new items to the record or ask the Court to consider documents or other matters that the ALJ did not consider.

 

An opening brief by the Petitioner will be due 60 days after the Industrial Commission files the record with the Court.  The Arizona Rules of Civil Appellate Procedure (ARCAP) govern the briefing of the case. Briefs must contain the  information, specified in the rules, cite supporting documents in the record, and be in the format provided in ARCAP 13, ARCAP 14, and  ARCAP 15.  An answering brief will be due after the opening brief is filed.  A reply brief is allowed, but is not required.  Briefs must be served on all parties and include a signed certificate of service naming the parties served, the date of service, and the method of service.

 

After briefing is complete or the case is submitted, it is considered “At Issue.”  It will then be assigned to a panel of three judges and scheduled for conference with that panel.  The Court will rule on any request for oral argument. If the Court grants that request, it will set the conference and oral argument on the same date.

 

The panel will issue a decision after the appeal is conferenced. There is no time limit for the panel to issue the decision, which can be in the form of a memorandum decision, an opinion, or an order.

 

Any party may file a motion for reconsideration no later than 15 days after the panel issues the decision.  A party also may file a petition for review in the Arizona Supreme Court within 30 days of the decision.  If a party needs additional time to file a petition for review, the party must file a motion in the Arizona Supreme Court.