A. In cases of permanent partial disability under section 23-1044, subsection B, paragraph 22 and subsections C and F, when the physical condition of the injured employee becomes stationary, or in the case of permanent total disability not enumerated in section 23-1045, and under section 23-1045, subsection D, or in death cases under section 23-1046, subsection B, the employer or insurance carrier within thirty days shall notify the commission and request that the claim be examined and further compensation, if any, be determined. A copy of all medical reports necessary to make such determination also shall be furnished to the commission. The employer or insurance carrier may commence payment of a permanent disability award without waiting for a determination under subsection B of this section.
B. Within thirty days after the commission receives the medical reports, the claims shall be examined and further compensation, including a permanent disability award, if any, shall be determined under the commission's supervision. If necessary, the commission may require additional medical or other information with respect to the claim and may postpone the determination for not more than sixty additional days. Any determination under this subsection may include necessary adjustments in any compensation paid or payable.
C. The commission shall serve a copy of the determination to all interested parties. Any such party may request a hearing under section 23-941 on the determination made under subsection B of this section within ninety days after copies of the determination are served.
D. Any person receiving permanent compensation benefits shall report annually on the anniversary date of the award to the self-insured employer or insurance carrier all of the person's earnings for the prior twelve-month period. If the person fails to make such report, the self-insured employer or insurance carrier shall notify the person that such report has not been received and that payment of further benefits will be suspended unless such report of earnings is filed within thirty days. After thirty days have elapsed from the date of such notice, the self-insured employer or insurance carrier may issue a notice to the person suspending payment of further benefits and no further payments need be made until such report of earnings is filed.
E. Any person receiving permanent compensation benefits from the special fund established by section 23-1065 shall report annually on the anniversary date of the award to the commission all of the person's earnings for the prior twelve-month period. If the person fails to make such report, the commission shall notify the person that such report has not been received and that payment of further benefits will be suspended unless such report of earnings is filed within thirty days. After thirty days have elapsed from the date of such notice, the commission may issue a notice to the person suspending payment of further benefits and no further payments need be made until such report of earnings is filed.
Notes of Decisions
Charles W. Stenz v. City of Tucson & Pinnacle Risk Mgmt. Servs., 336 P.3d 737 (Ariz. Ct. App. 2014).
· cites it 18× “The court further noted that A.R.S. § 23-1047(A), the statute establishing the procedure for payment of benefits in that case, provides that an “employer or insurance carrier may commence payment of a permanent disability award without waiting for a determination under…”
Tucson Steel Div. v. Indus. Comm'n, 744 P.2d 462 (Ariz. Ct. App. 1987).
· cites it 10× “This Commission-approved form states: You are hereby notified of a permanent disability, pursuant to the provisions of A.R.S. 23-1047. The Industrial Commission of Arizona is hereby requested to examine this claim to determine the amount of further compensation, if any, to which…”
DKI Corp./Sylvan Pools v. Indus. Comm'n, 819 P.2d 943 (Ariz. Ct. App. 1991).
· cites it 12× “Interest accrues and becomes *364 payable when the debt is due. In this case the carrier has had the use of the money since December of 1971.”
Tisdel v. Indus. Com'n of Arizona, 751 P.2d 527 (Ariz. 1988).
· cites it 6× “In this regard, we find A.R.S. § 23-1047 to be helpful. A. In cases of permanent partial disability .”
Le Duc v. Indus. Comm'n, 567 P.2d 1224 (Ariz. Ct. App. 1977).
· cites it 4× “Since the hearing officer’s determination mirrored the previous findings of the commission’s determination of loss of earnings under A.R.S. § 23-1047, it could conceivably be argued that this prior, ex parte, finding, in and of itself, could provide evidence to support the…”
Aranda v. Indus. Com'n of Arizona, 11 P.3d 1006 (Ariz. 2000).
· cites it 2× “They do not create, define, or regulate the right to receive benefits. ¶ 14 For example, claimants receiving permanent compensation benefits must report annual income on the award’s anniversary date, see A.”
Alsbrooks v. Indus. Comm'n, 578 P.2d 159 (Ariz. 1978).
· cites it 2× “For permanent disfigurement about the head or face, which shall include injury to or loss of teeth, the commission may, in accordance with the provisions of § 23-1047, allow such sum for compensation thereof as it deems just, in accordance with the proof submitted, for a period…”
Laker v. Indus. Com'n of Arizona, 679 P.2d 105 (Ariz. Ct. App. 1984).
· cites it 5× “For the purposes of subsection C of this section, the commission shall, in accordance with the provisions of § 23-1047 when the physical condition of the injured employee becomes stationary, determine the amount which represents the reduced monthly earning capacity, and upon…”
Germany v. Indus. Comm'n, 514 P.2d 747 (Ariz. Ct. App. 1973).
· cites it 4× “Insofar as the initial ex parte determination by the Commission of the loss of earning capacity is concerned, such procedure is authorized by A.R.S. § 23-1047, which in pertinent part provides: “In cases of permanent partial disability .”
Gutierrez v. Indus. Comm'n, 243 P.3d 604 (Ariz. Ct. App. 2010).
· cites it 2× “1987) (stating that determination of a claimant’s loss of earning capacity is a bifurcated procedure requiring the claimant to first establish impairment and second establish that the impairment diminished his earning capacity); see also AR.S. § 23-1047(A) (Supp.2009) (stating…”
Cornelson v. Indus. Comm'n, 17 P.3d 114 (Ariz. Ct. App. 2001).
· cites it 4× “; see also A.R.S. § 23-1047(A)(C) (1995). Although the claimant could have requested a hearing to correct the facts regarding his employment and his loss of earning capacity, see A.”
Sandoval v. Salt River Proj. Agric. Improvement & Power Dist., 571 P.2d 706 (Ariz. Ct. App. 1977).
· cites it 2× “Concurrently with that notice, the employer advised the Industrial Commission that Sandoval had suffered a permanent disability, and a request was directed to the Commission to determine permanent benefits pursuant to A.R.S. § 23-1047. This Notice of Claim Status was objected to…”
— Ariz. Rev. Stat. § 23-1047(0) — 1 case
— Ariz. Rev. Stat. § 23-1047(A) — 13 cases
Charles W. Stenz v. City of Tucson & Pinnacle Risk Mgmt. Servs., 336 P.3d 737 (Ariz. Ct. App. 2014).
“The court further noted that A.R.S. § 23-1047(A), the statute establishing the procedure for payment of benefits in that case, provides that an “employer or insurance carrier may commence payment of a permanent disability award without waiting for a determination under…”
Tucson Steel Div. v. Indus. Comm'n, 744 P.2d 462 (Ariz. Ct. App. 1987).
“This Commission-approved form states: You are hereby notified of a permanent disability, pursuant to the provisions of A.R.S. 23-1047. The Industrial Commission of Arizona is hereby requested to examine this claim to determine the amount of further compensation, if any, to which…”
Gutierrez v. Indus. Comm'n, 243 P.3d 604 (Ariz. Ct. App. 2010).
“1987) (stating that determination of a claimant’s loss of earning capacity is a bifurcated procedure requiring the claimant to first establish impairment and second establish that the impairment diminished his earning capacity); see also AR.S. § 23-1047(A) (Supp.2009) (stating…”
DKI Corp./Sylvan Pools v. Indus. Comm'n, 819 P.2d 943 (Ariz. Ct. App. 1991).
“Interest accrues and becomes *364 payable when the debt is due. In this case the carrier has had the use of the money since December of 1971.”
— Ariz. Rev. Stat. § 23-1047(A)(C) — 1 case
Cornelson v. Indus. Comm'n, 17 P.3d 114 (Ariz. Ct. App. 2001).
“; see also A.R.S. § 23-1047(A)(C) (1995). Although the claimant could have requested a hearing to correct the facts regarding his employment and his loss of earning capacity, see A.”
— Ariz. Rev. Stat. § 23-1047(B) — 6 cases
Le Duc v. Indus. Comm'n, 567 P.2d 1224 (Ariz. Ct. App. 1977).
“Since the hearing officer’s determination mirrored the previous findings of the commission’s determination of loss of earnings under A.R.S. § 23-1047, it could conceivably be argued that this prior, ex parte, finding, in and of itself, could provide evidence to support the…”
Tucson Steel Div. v. Indus. Comm'n, 744 P.2d 462 (Ariz. Ct. App. 1987).
“This Commission-approved form states: You are hereby notified of a permanent disability, pursuant to the provisions of A.R.S. 23-1047. The Industrial Commission of Arizona is hereby requested to examine this claim to determine the amount of further compensation, if any, to which…”
— Ariz. Rev. Stat. § 23-1047(B)(3) — 1 case
— Ariz. Rev. Stat. § 23-1047(C) — 2 cases
— Ariz. Rev. Stat. § 23-1047(D) — 8 cases
Aranda v. Indus. Com'n of Arizona, 11 P.3d 1006 (Ariz. 2000).
“They do not create, define, or regulate the right to receive benefits. ¶ 14 For example, claimants receiving permanent compensation benefits must report annual income on the award’s anniversary date, see A.”
Laker v. Indus. Com'n of Arizona, 679 P.2d 105 (Ariz. Ct. App. 1984).
“For the purposes of subsection C of this section, the commission shall, in accordance with the provisions of § 23-1047 when the physical condition of the injured employee becomes stationary, determine the amount which represents the reduced monthly earning capacity, and upon…”
— Ariz. Rev. Stat. § 23-1047(D)(1995) — 1 case
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