Arizona Revised Statutes

Ariz. Rev. Stat. § 23-952 (2026)

Continuation of order or award pending hearing or appeal

✓ current as of May 2026
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When an order or award is issued by the industrial commission awarding permanent compensation benefits, compensation shall be paid as provided in such order or award and shall not be interrupted when there is a petition for hearing or appeal to a higher court. Any overpayment of permanent compensation resulting therefrom shall be credited against any future liability involving permanent compensation benefits in the same claim.

Notes of Decisions
Cited in 12 cases, 1970–2001 · leading case: Castillo v. Indus. Comm'n, 520 P.2d 1142 (Ariz. Ct. App. 1974).
Castillo v. Indus. Comm'n, 520 P.2d 1142 (Ariz. Ct. App. 1974). · cites it 4× “Similarly, A.R.S. § 23-952 and Beck v. Hartford Accident & Indemnity Co.”
DKI Corp./Sylvan Pools v. Indus. Comm'n, 819 P.2d 943 (Ariz. Ct. App. 1991). · cites it 8× “The Administrative Law Judge denied interest because the Workers' Compensation Act does not specifically authorize an award for interest. The court of appeals set aside this award.”
Special Fund Div. v. Tabor, 32 P.3d 14 (Ariz. Ct. App. 2001). · cites it 4× “In addition, A.R.S. § 23-952 states that an award of compensation “shall not be interrupted when there is a petition for hearing or appeal to a higher court.”
Mother Tucker's Food Experience & Ins. v. Indus. Comm'n, 690 P.2d 797 (Ariz. Ct. App. 1984). · cites it 4× “See A.R.S. § 23-952; Brown v. Industrial Comm'n, 111 Ariz.”
Beck v. Hartford Accident & Indem. Co., 489 P.2d 710 (Ariz. 1971). · cites it 3× “Our statute reads as follows: “§ 23-952. Continuation of order or award pending determination of increase in hearing or appeal “When an order or award is issued by the industrial commission, compensation shall be paid as provided in such order or award and shall not be…”
Tisdel v. Indus. Com'n of Ariz., 747 P.2d 599 (Ariz. Ct. App. 1988). · cites it 2× “This is so because A.R.S. § 23-952 requires that it be paid even if further review is sought.”
Greer v. Indus. Comm'n, 514 P.2d 512 (Ariz. Ct. App. 1973). · cites it 2× “See A.R.S. § 23-952 and the Beck case hereinafter cited.”
Moore v. Indus. Comm'n, 470 P.2d 473 (Ariz. Ct. App. 1970). · cites it 2× “We agree that the Commission should fully and fairly advise claimants, and we sympathize with the petitioner in being placed in a position where she could not obtain a hearing unless she first gave up compensation payments under the alleged erroneous award.”
Mountain Shadows Resort Hotel v. Indus. Comm'n, 710 P.2d 1066 (Ariz. Ct. App. 1985). · cites it 2× “In the exercise of our discretion we decline to consider the carrier’s contention that A.R.S. § 23-952 is unconstitutional insofar as it requires a carrier to pay certain benefits pending appellate review without providing an appropriate mechanism which insures that the carrier…”
Perez v. Indus. Comm'n, 685 P.2d 154 (Ariz. Ct. App. 1984). · cites it 2× “A.R.S. § 23-952 requires payment of permanent disability benefits pending appellate disposition.”
Brown v. Indus. Comm'n, 528 P.2d 826 (Ariz. 1974). · cites it 9× “The only interest that The Industrial Commission has in this matter is that the Commission be provided, in the form of a decision resolving the issue raised, judicial guidance in the administration and interpretation of the subject statute, A.R.S. § 23-952. The difficulties the…”
Lopez v. Indus. Comm'n, 642 P.2d 474 (Ariz. 1982). · cites it 16× “The petitioner made demand for payment of the increased amount of compensation based on A.R.S. § 23-952, which provides: When an order or award is issued by the industrial commission awarding permanent compensation benefits, compensation shall be paid as provided in such order…”
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