Legal Division
Andrew Wade, Chief Legal Counsel
Phoenix: 800 W Washington St, Phoenix AZ 85007
Phone: (602) 542-5781
FAX: (602) 544-6783
Click to report an employer who does not
carry workers’ compensation insurance
Click for Phone List of ICA Divisions
Mission Statement
The mission of the Legal Division is to represent the interests of and provide counsel
to the Industrial Commission of Arizona to ensure that the Industrial Commission
fulfills its regulatory, enforcement, and quasi-judicial duties and responsibilities
required by law.
Staffing and Responsibilities
The Industrial Commission of Arizona ("ICA") has an in-house legal staff of 22,
including seven attorneys. These attorneys represent and provide counsel to the
ICA in a variety of legal matters before the ICA and before other Arizona courts
(justice, superior, and appellate) including:
- Representing the ICA Special Fund Division in workers’ compensation matters (for
example, "no insurance" cases, apportionment cases, and certain supportive care
cases);
- Representing the Arizona Division of Occupational Safety and Health ("ADOSH") regarding
contested occupational, safety, and health cases;
- Representing the ICA in discrimination cases brought under the Arizona Occupational,
Safety, and Health Act;
- Representing the ICA Labor Division in youth employment violation cases, wage claim
appeals, and contested employment agency licensure cases;
- Representing the ICA in injunctive proceedings brought against employers uninsured
for workers’ compensation;
- Representing the ICA in various compliance and collection matters;
- Drafting rules or providing legal advice and assistance regarding the drafting of
rules; and
- Providing legal advice and assistance to the ICA Commissioners, Director, and Division
Managers on a variety of subjects.
Compliance
Arizona law requires that all Arizona employers with one or more employees maintain
workers’ compensation insurance.
The jurisdiction of the ICA includes the responsibility to enforce this law. Consequently,
the goal of the Legal Division’s Compliance Unit is to ensure that all Arizona employers
comply with the requirement to maintain workers’ compensation insurance. If an employer
fails to obtain workers’ compensation insurance, the ICA is authorized to assess
civil penalties against the employer.
If an employer continues to disregard the legal requirement to obtain workers’ compensation
insurance, the ICA may assess additional civil penalties against the employer, up
to $10,000 and may obtain an injunction to close the employer’s business until the
employer complies with the law to obtain workers’ compensation insurance.
The ICA may also refer the matter to the Office of the Attorney General or to another
law enforcement authority for prosecution of an uninsured employer with a Class
6 Felony for failing to comply with the law requiring workers' compensation insurance.
Collection
The Legal Division represents the ICA in the collection of all monies owed to the
agency while handling some of its collection accounts in-house.
The Legal Division may refer some collections accounts to the Office of the Attorney
General, Tax Section. The Legal Division and the Attorney General, General's Office
can, and do, use all legally permissible collection methods to collect money owed
to the agency.
This includes money owed by uninsured employers and employers that have been assessed
penalties for OSHA violations, child labor violations, or for failing to maintain
worker's compensation insurance.
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Chief Counsel: Andrew F. Wade
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Telephone: (602) 542-5781
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Fax: (602) 542-6783
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