A.R.S. § 23-106 - Arizona Industrial Commission Capacity To Sue And Be Sued

Arizona Revised Statutes Section 23-106 addresses the ability of the Industrial Commission to sue and be sued:

A. The commission may, in its name, sue and be sued.

B. Service of summons or other process on any member of the commission, or on the secretary thereof, shall be deemed service on the commission.

This section clarifies that the Arizona Industrial Commission is not immune from lawsuits and that it may file suit to enforce its own interests. The Arizona courts have also confirmed that the power granted to the Commission in this statute also gives the Commission the authority to utilize its attorneys to bring actions in connection with the state compensation fund, or in its defense when sued. It may also call upon the State's Attorney General when it desires assistance.