Workers' Comp Claim Denied in Arizona? The 90-Day Deadline to Request a Hearing

If your Arizona workers' compensation claim is denied, the deadline that matters most is a short one: under A.R.S. § 23-947, a request for a hearing generally must be filed within 90 days of the notice from the Industrial Commission of Arizona, the insurance carrier, or the self-insured employer. Miss it, and the decision can become final.

Two different deadlines

Injured workers often mix up two separate clocks. The first is the deadline to file the claim in the first place. Under A.R.S. § 23-1061, "no claim for compensation shall be valid or enforceable unless the claim is filed with the commission by the employee ... in writing within one year after the injury occurred." We break that down in our explainer on Arizona work injury reporting deadlines.

The second clock starts later, after the claim has been decided. The same statute requires the insurance carrier or self-insuring employer to "serve on the commission and the employee any denial of a claim." That notice is what can start the hearing-request period. Filing a claim on time does not protect the right to challenge a denial if the hearing request is late.

What the 90 days apply to

A.R.S. § 23-947 sets the time within which a hearing must be requested. The 90-day period runs from the notice issued by the commission, the carrier, or the self-insuring employer. Read every notice you receive carefully, and keep the envelope and the date you received it.

What "filed" means

The statute defines "filed" in a specific way: the request must be "in the possession of the commission." A request that is mailed on day 90 but arrives on day 92 is a risk. Sending it early, and keeping proof of when it was delivered, is the safer approach. The Industrial Commission of Arizona can explain its current methods for submitting a request.

What happens if the deadline is missed

Under § 23-947, when the deadline passes without a hearing request, the determination becomes "final and res judicata to all parties." In plain terms, res judicata means the issue is treated as decided and generally cannot be argued again. A denial that could have been challenged may stay in place permanently.

The narrow exceptions

The statute allows a late request to be excused in only three situations:

1. The person reasonably relied on a misrepresentation by the commission, the employer, or the carrier, and made reasonably diligent efforts to verify what they were told.
2. The person was legally incompetent, incapacitated, or a minor when the notice was issued.
3. The person proves by clear evidence that the notice was never received.

There is also a limit on those exceptions. A late filing cannot be excused if the person, or their attorney, knew or reasonably should have known of the notice during the filing period. These exceptions are narrow and fact-specific, so they are a safety net rather than a plan.

Practical takeaways

Note the date on every notice about your claim. Treat the 90-day period as running from the notice, not from when you decide to act. File a written hearing request well before the deadline, and keep proof of delivery. If a denial says the injury was caused by someone other than your employer, remember that a separate claim against that party may also exist, as we explain in our guide to workers' comp and third-party claims.

This article explains Arizona law in general terms and is not legal advice. Deadlines and exceptions depend on the facts of each claim; confirm the dates that apply to you with the Industrial Commission of Arizona or a licensed Arizona attorney.