Assigned to COM AS
PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
AMENDED
workers' compensation; physicians; expertise; hearings
Purpose
Requires a physician involved in a workers' compensation case to have expertise in the employee's specific injury and allows certain firefighters who may be entitled to workers' compensation to bring any person to a workers' compensation hearing without prior approval.
Background
Injured employees, as well as dependents of deceased employees, are entitled to receive workers' compensation from accidents arising out of and in the course of employment (A.R.S. § 23-1021). Accidents arising out of employment include occupational diseases that are due to conditions of a particular trade, occupation, process or employment, and not the ordinary diseases to which the general public is exposed. Statute presumes a firefighter's disability or death to have resulted from an occupational disease if caused by outlined types of cancer (cancer presumption) (A.R.S. § 23-901).
Statute requires an employee who may be entitled to workers' compensation to submit for medical examination, if and when requested by the ICA, the employee's employer or the insurance carrier. A physician who makes or is present at the medical examination may be required to testify regarding the result of the examination (A.R.S. § 23-1026).
Any interested party may file a request for a hearing within outlined time frames concerning a workers' compensation claim with the Industrial Commission of Arizona (ICA). The ICA must refer the request to the ICA Administrative Law Judge Division who may conduct the hearing in any manner that will achieve substantial justice and according to ICA rules (A.R.S. § 23-941).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a firefighter who is or may be entitled to a cancer presumption, or the firefighter's estate, surviving spouse or dependent if the firefighter is deceased, to bring any person to a workers' compensation hearing without prior approval of the administrative law judge.
2. Prohibits the ICA from adopting a rule that restricts the right to bring any person to a workers' compensation hearing.
3. Requires a physician or health care provider who performs a workers' compensation medical examination to:
a) have expertise in diagnosing and treating at least one of the conditions for which the employee is claiming compensation; and
b) include, in the examination report, a sworn statement detailing the amount of money the physician or health care provider has been paid for performing examinations or testifying in ICA proceedings in each of the five preceding years.
4. Requires, within 30 days after the examination, the physician or health care provider to provide a copy of the examination report and sworn statement to the employee.
5. Makes technical changes.
6. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Narrows the right to bring any person to a workers' compensation hearing to apply only to a firefighter who may be entitled to a cancer presumption.
2. Removes the requirement that a physician testifying in an ICA proceeding have expertise in the employee's injury and applies expertise requirements to a health care provider who performs a workers' compensation medical examination.
3. Requires a physician or health care provider to provide the amount they are paid in the examination report and provide the report to the employee within 30 days.
Senate Action
COM 2/20/20 DPA 6-2-0
Prepared by Senate Research
February 21, 2020
LB/gs