Ariz. Admin. Code § R6-3-52235 - Health or Physical Condition

Current through Register Vol. 48, No. 14, April 8, 2022

A. General
1. Ability to work, a requisite for eligibility for benefits, generally means the physical and mental capacity of an individual to work under circumstances that ordinarily exist. Thus, ability to work is defined as the possession of A claimant is able to work if the claimant possesses the physical and mental capabilities necessary to perform suitable work for which the claimant is reasonably qualified. Conversely, inability to work refers to a lack of physical or mental ability to such a degree as to prevent the acceptance of work for which one is reasonably fitted which renders him unemployable.
2. "Work for which a claimant is qualified" is not restricted to the customary occupation of the claimant. It includes any type of work for which the claimant is reasonably qualified and that the claimant can perform under normal conditions of employment. A disability may entirely prevent a claimant from pursuing the claimant's customary occupation and yet the claimant may retain sufficient physical and mental ability to perform some gainful work for which the claimant is reasonably qualified. The Department shall determine a claimant's "ability to work" on the basis of whether the claimant is able to work and not whether the claimant can obtain work.
3. "Able to work" does not include a claimant's appearance or any personal characteristic that might prejudice an employer against employing the claimant. To determine whether a claimant is able to work, the Department shall consider whether:
a. The work for which the claimant is qualified exists as a recognized part of the labor market; and
b. The claimant is capable of performing such work without endangering the claimant, coworkers, the public, or the employer.
4. The Department considers a skilled worker who can no longer follow the worker's trade more able to work than an unskilled worker because a skilled worker:
a. Typically possesses a number of skills that can be transferred to a larger number of related fields; and
b. Usually can assume more positions of responsibility.
B. Age.

1. Age, in itself, does not create a presumption that a claimant is unable to work. A statement that a claimant was separated or retired because the claimant was unable to maintain the claimant's production raises just as much of a question as to the effect of the employer's requirements for the job as it does on the claimant's ability to perform work. If the claimant can show that the claimant is able to perform other suitable work for which the claimant is qualified and reasonably fitted, or that the claimant could still meet the production standards of other employers, the claimant would be able to work.

2. In either event it requires additional evidence of its import. If the claimant can show that he is able to perform other suitable work for which he is qualified and reasonably fitted, or that he could still meet the production standards of other employers, he would not be unable to work.

C. Communicable disease
1. The Department may consider a claimant who suffers from an infectious or communicable disease to be able to work if the claimant is able to work in an occupation for which the claimant is reasonably qualified and:

2. A claimant who suffers from an infectious or communicable disease may be considered able to work

a. The claimant is willing to accept work in an occupation where the disease would not be a hazard; or
b. The claimant is under medical treatment and a physician certifies that the disease is in a noncommunicable state.
2. Except, a claimant is not able to work until a physician certifies that the claimant is able to work without endangering others when:
a. The claimant's physician states that the claimant should not work because of the danger of infecting others; or
b. The law of the community prohibits the claimant's employment because of the disease .
D. Seizures

1. An individual's ability to work may be restricted by illness or injury which results in temporary, partial, or total disability. A g a i n it is stressed that a claimant's ability is judged solely on the basis of his capability to perform work for which he is qualified and not on the willingness of employers to hire him.

2. When a claimant is subject to periodic seizures , attacks, or any episodic conditions that render the claimant unable to work during the seizure , attack, or episodic condition, the Department may consider the claimant able to work if, during the intervals between seizures , attacks, or episodic conditions, the claimant is able to perform work for which the claimant is qualified .

E. Pregnancy
1. Although pregnancy of itself may not render a woman unable to work, a claimant who is pregnant is presumed to be unable to work for a period of 8 weeks prior to the calculated date of delivery and for 6 weeks immediately following delivery. Such presumption may however be rebutted by medical evidence or other proof to the contrary. Pregnancy does not affect a woman's ability to work unless her physician restricts her from working in any occupation for which she is qualified.
2. A pregnant woman who leaves employment because it is too difficult for her to perform work in her customary occupation may be considered able to work if there is medical evidence that she is able to do less strenuous work for which she is reasonably qualified and she is ready to accept such work.
3. The Department shall consider a woman unavailable for work if the woman, because she is pregnant, voluntarily leaves suitable employment that she could have continued to perform and that did not adversely affect her health .
4. When a woman was unable to work in the early months of pregnancy and has recovered sufficiently to be able to return to work, the Department shall consider her able to work if her physician agrees that she is physically able to return to work.
4 5. When a pregnant woman restricts her availability for employment to work that does not require her to stand, lift heavy objects, or travel great distances, the Department may consider her able to work only if she shows that work for which she is reasonably qualified:
a. Does not require these conditions; and
b. There is a reasonable possibility of her obtaining work with those restrictions.

5. If a claimant states that she is able to work only part time because of her pregnancy, she may be presumed unable to work.

F. Disability
1. A claimant with a disability may not be able to work full-time because of that disability. So long as the claimant is not completely restricted from all work, the Department may find the claimant able to work.
2. If the claimant will be restricted in the claimant's ability to work or availability for work because of a disability, the Department may consider the claimant able to work if the claimant is seeking work up to the limit of the claimant's disability. Example: A claimant cannot work longer than four hours each day because of chronic pain. So long as that claimant is looking for and willing to work part time up to four hours per shift, the claimant is still able to work.
3. A claimant who is completely disabled and cannot work at all is ineligible.
4. A claimant shall substantiate the claimant's disability by appropriate documentation such as doctor's notes, military papers, or a judgment from a court.

Notes

Ariz. Admin. Code § R6-3-52235
Former rule number - Able and Available 235. - 235.4. Former rule repealed, new Section R6-3-52235 adopted effective January 24, 1977 (Supp. 77-1). Typographical error corrected (Supp. 97-3). Amended by final rulemaking at 24 A.A.R. 1417, effective 6/19/2018.

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