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A.R.S. § 23-1103

Impact of presumptions; liability

Applied in 1 court decision — leading case Inspiration Consolidated Copper Co. v. Industrial Commission (1959)

Most recently applied in Inspiration Consolidated Copper Co. v. Industrial Commission (February 1959)

A. The report shall include all of the following:

1. Scientific evidence that shows the extent to which:

(a) Peer reviewed scientific studies exist that document a causal relationship that a specific disease or condition has been demonstrated to have arisen out of employment.

(b) The centers for disease control and prevention have determined that a disease or condition is acquired or transmitted.

(c) Alternative exposure patterns exist for acquiring or transmitting a disease or condition other than occupational.

2. Financial information to indicate the extent to which:

(a) The mandate may cause an employer or insurance carrier to pay a workers' compensation claim for a nonwork related disease or condition.

(b) The mandate may increase costs to self-insured employers or premiums charged by insurance carriers.

3. An explanation of why existing compensability methods are inadequate to accurately determine if a disease or condition is acquired or transmitted in the course of employment.

B. The report shall address the specific language of the legislative proposal.

C. A person that does not submit a report as prescribed in this article is not subject to any civil sanction or criminal penalty.

Official source: Arizona State Legislature. Reproduced from public-domain Arizona statutes; confirm against the official source for the current text. Not legal advice.