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How Does an Employee Request Reconsideration in Arizona?

29 Oct, 2024 Frank Ferreri

                               
Compliance Corner

Phoenix, AZ (WorkersCompensation.com) -- What happens when an employee wants to seek reconsideration of a determination not to proceed in Arizona? That's one of many pieces of information that Simply Research subscribers have at their fingertips.

Here's a look at the rule.

Making the Request

In cases where ADOSH issues an initial determination to not proceed with a complaint, the employee can request reconsideration of the initial determination.

The request for reconsideration must be filed with, and received by, the ADOSH Director within 15 calendar days from the receipt of the initial determination letter.

The reconsideration will be placed upon the agenda for a meeting of the Industrial Commission of Arizona Commissioners.

Consideration of the Reconsideration

The employee, and the employer will be notified of the reconsideration date and may appear at the Commissioners’ meeting to provide testimony. The employee and the employer will not be allowed to present documentary evidence.

Upon hearing the testimony, and review of the file, the Commissioners may:

1. Affirm the initial determination;

2. Remand the file back to ADOSH for further investigation; or

3. Reverse the initial determination and have a lawsuit filed in the appropriate Superior Court.

F. The decision of the Commissioners will constitute the final determination of the Division. 

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    About The Author

    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.

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