23-1062. Medical, surgical, hospital benefits; translation services; travel expenses; commencement of compensation; method of compensation
A. Promptly, on notice to the employer, every injured employee shall receive medical, surgical and hospital benefits or other treatment, nursing, medicine, surgical supplies, crutches and other apparatus, including artificial members, reasonably required at the time of the injury, and during the period of disability. Such benefits shall be termed "medical, surgical and hospital benefits".
B. Medical, surgical and hospital benefits include translation services, if needed. A carrier, self-insurance pool or employer that does not direct care pursuant to section 23-1070 may choose the translator if the translator is certified by an outside agency and is not an employee of the carrier, self-insurance pool or employer. If the carrier, self-insurance pool or employer is unable to locate a certified translator for the particular language or dialect needed, the parties may agree on a translator who is not a certified translator.
C. Compensation for medical, surgical and hospital benefits shall include reimbursement for reasonable travel expenses if the employee must travel more than twenty-five miles from the employee's place of residence to obtain medical care for the injury.
D. The first installment of compensation is to be paid no later than the twenty-first day after written notification by the commission to the carrier of the filing of a claim unless the right to compensation is denied. Thereafter, compensation shall be paid at least once each two weeks during the period of temporary total disability and at least monthly thereafter. Compensation shall not be paid for the first seven days after the injury. If the incapacity extends beyond the period of seven days, compensation shall begin on the eighth day after the injury, but if the disability continues for one week beyond such seven days, compensation shall be computed from the date of the injury.
E. Compensation shall be made by negotiable instrument, payable immediately on demand or, at the election of the employee and if offered by the employer or carrier, by another commonly accepted method for transferring money by banking institutions, including electronic fund transfers to the employee's account or a prepaid debit card account that is established for the purpose of making direct electronic payment to the employee.
Notes of Decisions
Linda Bell v. Ica/ Maricopa Cty/ Pinnacle Risk, 341 P.3d 1149 (Ariz. 2015).
· cites it 47× “” Although that sentence specifically refers to TTD, and § 23-1062 nowhere expressly mentions TPD, the latter part of the sentence, “and at least monthly thereafter,” logically applies to types of disability other than TTD.”
Lasiter v. Indus. Com'n of Arizona, 839 P.2d 1101 (Ariz. 1992).
· cites it 108× “Unless read in tandem with each other, A.R.S. § 23-1062 suggests that the only prerequisite to payment is notice.”
Carbajal v. Indus. Com'n of Arizona, 190 P.3d 737 (Ariz. Ct. App. 2008).
· cites it 61× “While in other circumstances we might be compelled to hold otherwise, we conclude that, under the facts of this case, the care rendered by Wife did not fall within the ambit of medical care contemplated by A.”
Cnty. of Maricopa v. Indus. Comm'n of Arizona, 699 P.2d 389 (Ariz. Ct. App. 1985).
· cites it 28× “§ 23-1062, the undersigned finds that the applicant's incapacity extended beyond the period of the first seven days after his injury and that his disability continued for one week beyond those seven days.”
Patches v. Indus. Com'n of Ariz., 204 P.3d 437 (Ariz. Ct. App. 2009).
· cites it 12× “On administrative review, the ALJ summarily affirmed the award, and Claimant brought this special action. III. DISCUSSION ¶ 6 A claimant who suffers an industrial injury is entitled to receive statutorily-defined benefits pursuant to A.”
Hughes v. Indus. Comm'n, 933 P.2d 1218 (Ariz. Ct. App. 1996).
· cites it 20× “The Fund asserted that A.R.S. § 23-1062(A) did not cover child care expenses “under any circumstances whatsoever.”
Carbajal v. Indus. Com'n of Arizona, 219 P.3d 211 (Ariz. 2009).
· cites it 12× “We agree; by extending compensation for services rendered after a claimant becomes medically stationary, the legislature intended to include coverage for reasonably required palliative care.”
Terry Grantham Co. v. Indus. Comm'n, 741 P.2d 313 (Ariz. Ct. App. 1987).
· cites it 9× “This is a special action review of an Industrial Commission award granting “medical, surgical and hospital benefits” pursuant to A.R.S. § 23-1062(A). We must determine two issues: (1) whether an employee forfeited his right to have modifications made to his residence when he did…”
Rowland v. Great States Ins., 20 P.3d 1158 (Ariz. Ct. App. 2001).
· cites it 3× “§ 23-1041, and “benefits” refers to “medical, surgical and hospital benefits or other treatment, nursing, medicine, surgical supplies, crutches and other apparatus .”
Home Ins. Co. v. Indus. Comm'n, 530 P.2d 1123 (Ariz. Ct. App. 1975).
· cites it 10× “Instead he would find that the obligation for the payment of medical benefits by the carrier originates in the provisions of A.R.S. § 23-1062 A, which requires the payment of such benefits “reasonably required at the time of the injury, and during the period of temporary…”
Tartaglia v. Indus. Comm'n, 866 P.2d 867 (Ariz. 1994).
· cites it 17× “The ALJ and the court of appeals held that the employee, Pete Tartaglia, was not entitled to certain worker’s compensation benefits because he had not been incapacitate ed for a period of time sufficient to meet the threshold requirement of AR.S. § 23-1062(B). In so holding, the…”
— Ariz. Rev. Stat. § 23-1062(A) — 40 cases
Lasiter v. Indus. Com'n of Arizona, 839 P.2d 1101 (Ariz. 1992).
“Unless read in tandem with each other, A.R.S. § 23-1062 suggests that the only prerequisite to payment is notice.”
Carbajal v. Indus. Com'n of Arizona, 190 P.3d 737 (Ariz. Ct. App. 2008).
“While in other circumstances we might be compelled to hold otherwise, we conclude that, under the facts of this case, the care rendered by Wife did not fall within the ambit of medical care contemplated by A.”
Hughes v. Indus. Comm'n, 933 P.2d 1218 (Ariz. Ct. App. 1996).
“The Fund asserted that A.R.S. § 23-1062(A) did not cover child care expenses “under any circumstances whatsoever.”
Carbajal v. Indus. Com'n of Arizona, 219 P.3d 211 (Ariz. 2009).
“We agree; by extending compensation for services rendered after a claimant becomes medically stationary, the legislature intended to include coverage for reasonably required palliative care.”
Patches v. Indus. Com'n of Ariz., 204 P.3d 437 (Ariz. Ct. App. 2009).
“On administrative review, the ALJ summarily affirmed the award, and Claimant brought this special action. III. DISCUSSION ¶ 6 A claimant who suffers an industrial injury is entitled to receive statutorily-defined benefits pursuant to A.”
— Ariz. Rev. Stat. § 23-1062(B) — 9 cases
Linda Bell v. Ica/ Maricopa Cty/ Pinnacle Risk, 341 P.3d 1149 (Ariz. 2015).
“” Although that sentence specifically refers to TTD, and § 23-1062 nowhere expressly mentions TPD, the latter part of the sentence, “and at least monthly thereafter,” logically applies to types of disability other than TTD.”
Cnty. of Maricopa v. Indus. Comm'n of Arizona, 699 P.2d 389 (Ariz. Ct. App. 1985).
“§ 23-1062, the undersigned finds that the applicant's incapacity extended beyond the period of the first seven days after his injury and that his disability continued for one week beyond those seven days.”
Tartaglia v. Indus. Comm'n, 866 P.2d 867 (Ariz. 1994).
“The ALJ and the court of appeals held that the employee, Pete Tartaglia, was not entitled to certain worker’s compensation benefits because he had not been incapacitate ed for a period of time sufficient to meet the threshold requirement of AR.S. § 23-1062(B). In so holding, the…”
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