Jason Porter, Chief Legal Counsel
Phoenix: 800 W Washington St, Phoenix AZ 85007
Phone: (602) 542-5781
FAX: (602) 542-6783
Click to report an employer who does not carry workers’ compensation insurance
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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.
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.
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'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.
Chief Counsel: Jason Porter
Telephone: (602) 542-5781
Fax: (602) 542-6783