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REFERENCE TITLE: workers' compensation; claim settlement |
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State of Arizona Senate Fifty-third Legislature First Regular Session 2017
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SB 1333 |
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Introduced by Senator Fann
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AN ACT
Repealing section 23-941.01, Arizona Revised Statutes; amending title 23, chapter 6, article 3, Arizona Revised Statutes, by adding a new section 23‑941.01; relating to workers' compensation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Repeal
Section 23-941.01, Arizona Revised Statutes, is repealed.
Sec. 2. Title 23, chapter 6, article 3, Arizona Revised Statutes, is amended by adding section 23-941.01, to read:
23-941.01. Settlement of claims; exception; definition
A. The interested parties to a claim may:
1. Settle and release all or any part of the claim for compensation, benefits, penalties or interest.
2. Negotiate a full and final settlement.
B. Any full and final settlement shall:
1. Be in writing.
2. Be signed by the carrier or self‑insured employer and the employee or the employee's authorized representative.
3. Include an attestation that the employee understands the rights settled and released by the agreement.
C. A full and final settlement is not valid and enforceable unless the full and final settlement is approved by the commission.
D. A lump sum settlement payment shall be made to the employee within fifteen days after the award approving the settlement becomes final.
E. Notwithstanding subsection A of this section, a full and final settlement may not be negotiated to settle claims resulting in total and permanent disability pursuant to section 23‑1045, subsections C and D.
F. For the purposes of this section, "full and final settlement" means a settlement in which the injured employee or, if the injured employee is deceased, the employee's estate, surviving spouse or dependent waives any future entitlement to benefits on the claim and waives any future right to change the claim pursuant to section 23‑1044, subsection F or reopen the claim pursuant to section 23‑1061, subsection H.