Legal Division

Gaetano Testini, Chief Legal Counsel
Phoenix: 800 W Washington St, Phoenix, AZ 85007
Phone: (602) 542-5781
FAX: (602) 364-1395

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Legal Division Mission Statement

Our mission is to further the strategic goals of the Industrial Commission of Arizona by: (1) skillfully managing the Commission’s legal affairs; (2) providing timely and reliable legal advice and services that foster sound decision-making in all areas of operation; (3) proactively pursuing collection efforts; (4) promoting business compliance with workers’ compensation coverage laws; and (5) recommending appropriate policies, practices, and procedures that minimize risk. 

Legal Division vision Statement

We strive to be a top-tier government legal department by consistently delivering skillful, ethical, and effective services to the Industrial Commission of Arizona.  We endeavor to exceed client expectations by: (1) promptly responding to client needs; and (2) managing the Commission’s legal affairs in an efficient, professional, and proactive manner.  We are committed to investing in our people, developing industry-leading expertise, and cultivating a happy, engaged workforce.

Legal Division Staffing and Responsibilities

The Legal Division consists of three units: (1) Legal; (2) Compliance; and (3) Collections.  Working together, these units provide effective legal representation to the Commission.

LEGAL

The Legal Unit provides legal counsel to the Commission, including to its members, Director, and the Commission's various divisions.  The Commission’s attorneys also represent the Commission in cases before the Administrative Law Judge Division, the Office of Administrative Hearings, and other Arizona courts.  Legal Unit responsibilities include: 

• Representing the Special Fund Division in workers’ compensation matters, including “no insurance,” apportionment,  supportive care, and subrogation cases; 
• Representing the Arizona Division of Occupational Safety and Health (“ADOSH”) in the enforcement of Arizona’s Occupational Safety and Health Act, including in cases involving contested citations and/or penalties; 
• Representing the Commission in discrimination cases brought under the Arizona Occupational Safety and Health Act; 
• Representing the Labor Department in labor-related cases, including wage, earned paid sick time, and youth labor cases; 
• Representing the Commission in legal proceedings against uninsured employers, including civil penalty protest and injunction cases; 
• Representing the Commission in collections matters; 
• Assisting the Commission with legislative matters and rulemaking;
• Assisting the Commission with public records requests and subpoenas;
• Evaluating and making recommendations to the Commission concerning attorney’s fees applications under A.R.S. § 23-1069; and 
• Providing legal advice and transactional support to the Commission, Commissioners, Director, and Division Managers on a variety of subjects.

Questions or issues related to the Division’s Legal Unit may be directed to:

Chief Legal Counsel
800 W. Washington Street
Phoenix, Arizona 85007
Phone: (602) 542-5781
FAX: (602) 542-6783

COMPLIANCE

Subject to limited exceptions for self-insured employers, Arizona law requires that employers maintain workers’ compensation insurance coverage for their employees.  A workers’ compensation insurance policy must be purchased from an insurance carrier that is licensed to issue workers’ compensation insurance in Arizona.  See A.R.S. § 23-961(A).  The Commission is tasked with enforcing A.R.S. § 23-961(A) and the Legal Division’s Compliance Unit identifies, investigates, and recommends action in matters involving employers that do not comply with the statute.

Employers who are not in compliance with the law may be assessed a civil penalty in the amount of $1,000.00 pursuant to A.R.S § 23-907(I).  If an employer has been assessed a civil penalty for non-compliance in the past 5 years, the penalty can increase to $5,000.00.  If an employer has been assessed more than 2 civil penalties in the past 5 years, the penalty for non-compliance can increase to $10,000.00.  See A.R.S. § 23-907(J).  Furthermore, in the event an employer refuses to comply with Arizona law by obtaining workers’ compensation insurance coverage, the Industrial Commission is authorized to seek an injunction that will force the business to cease its operations until the business complies with the provisions of Arizona law.  See A.R.S § 23-907(F).   

The Commission may also refer compliance matters to the Office of the Attorney General or to another law enforcement authority for prosecution of a Class 6 Felony. See A.R.S § 23-932.

Questions or issues related to the Legal Division’s Compliance Unit may be directed to:

Investigations Supervisor
800 W. Washington Street
Phoenix, Arizona 85007
Phone: (602) 542-5765
FAX: (602) 542-6783

COLLECTIONS

The Collections Unit represents the Commission in the collection of all monies owed to the Commission and the State of Arizona.  Collections are pursued against: (1) uninsured employers for which Special Fund pays workers’ compensation benefits; (2) employers that have been assessed penalties for OSHA violations; (3) employers that have been assessed penalties for wage, earned paid sick time, or child labor violations; and (4) employers who have been assessed civil penalties for failing to maintain worker's compensation insurance. 

The Legal Division will, when appropriate, refer collections matters to the Office of the Attorney General, Tax Section, or outside legal counsel. The Legal Division can, and will, use all legally-permissible collections methods to achieve superior collections results for the Commission and the State of Arizona. 

Questions or issues related to the Legal Division’s Collections Unit may be directed to:

Collections Supervisor
800 W. Washington Street
Phoenix, Arizona 85007
Phone: (602) 542-8942
FAX: (602) 542-6783

DISCLAIMER

The Legal Division of the Industrial Commission does not provide legal or accounting advice to the public.  Materials and information provided by the Legal Division is for informational purposes only, and should not be used as a substitute for obtaining legal or accounting advice from a qualified attorney or accountant.  You should always consult a qualified attorney regarding any specific legal problem or matter.