Ariz. Rev. Stat. » Title 23
Arizona Revised Statutes

Ariz. Rev. Stat. § 23-901.02 (2026)

Liability of last employer; exception

✓ current as of May 2026
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Where compensation is payable for an occupational disease the only employer liable shall be the employer in whose employment the employee was last injuriously exposed to the hazards of such disease but in the case of silicosis or asbestosis the only employer liable shall be the employer in whose employment the employee was last exposed to harmful quantities of silicon dioxide (SiO2) dust during a period of two years or more.

Notes of Decisions
Cited in 11 cases, 1978–2019 · leading case: Nelson v. Indus. Comm'n, 585 P.2d 887 (Ariz. Ct. App. 1978).
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Nelson v. Indus. Comm'n, 585 P.2d 887 (Ariz. Ct. App. 1978). · cites it 4× “§ 23-1102(2), as amended 1968, and carries special restrictions under post-1973 provisions, A.R.S. § 23-901.02, as amended 1973. 2 Under the mandate of Featherman and subsequent cases, the deceased’s condition of asbestosis was the primary cause of death and must be considered…”
Wiley v. Indus. Com'n of Arizona, 847 P.2d 595 (Ariz. 1993). · cites it 2× “A.R.S. § 23-901.02. This certainly represents “a far more extreme case of disproportion between premium and liability, yet it is accepted as a defensible compromise on the theory that employers and carriers will on the whole come out even in time.”
Marriott Corp. v. Indus. Com'n of Arizona, 708 P.2d 1307 (Ariz. 1985). · cites it 2× “A.R.S. § 23-901.02. Such extensive liability is not present in the second industrial injury context, see A.”
Ford v. Indus. Com'n of Arizona, 703 P.2d 453 (Ariz. 1985). “Section 23-901.02 contains special rules pertaining to the allocation of the loss between multiple employers.”
Phoenix Pest Control v. Indus. Comm'n, 655 P.2d 39 (Ariz. Ct. App. 1982). “Further, § 23-901.02 limits the employers who are subject to liability, and, particularly pertinent to the issues in this appeal, § 23-901.”
Am. Ins. Co. v. Indus. Com'n of Arizona, 697 P.2d 1114 (Ariz. Ct. App. 1984). · cites it 8× “A.R.S. § 23-901.02, which determines the party liable for a compensable occupational disease, applies only if an exposure causes a permanent injury or anatomic change.”
Am. Ins. v. Indus. Comm'n, 697 P.2d 1114 (Ariz. Ct. App. 1984). · cites it 8× “A.R.S. § 23-901.02, which determines the party liable for a compensable occupational disease, applies only if an exposure causes a permanent injury or anatomic change.”
George v. Uninsured Employers Fund, 361 F.3d 1157 (9th Cir. 2004). “Ariz.Rev.Stat. § 23-901.02 . 11 U.S.C. § 507 (a)(8)(E).”
Depositors Ins. Co. v. Urbina (D. Ariz. 2019). “§ 23-901.02 (“Where compensation is payable for an occupational disease the 6 only employer liable shall be the employer in whose employment the employee was last 7 injuriously exposed to the hazards of such disease.”
Depositors Ins. Co. v. Urbina (D. Ariz. 2019). “§ 23-901.02 (“Where compensation is payable for an occupational disease the 12 only employer liable shall be the employer in whose employment the employee was last 13 injuriously exposed to the hazards of such disease.”
Depositors Ins. Co. v. Urbina (D. Ariz. 2019). “§ 23-901.02 (“Where compensation is payable for an occupational disease the 14 only employer liable shall be the employer in whose employment the employee was last 15 injuriously exposed to the hazards of such disease.”
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