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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
workers' compensation; physicians; public safety
Purpose
Requires the Industrial Commission of Arizona (ICA) to develop and randomly select from a list of approved physicians to conduct initial or periodic medical examinations relating to a public safety employee's workers' compensation claim.
Background
The Arizona workers' compensation system, administered by the ICA, requires employers to cover employee medical treatment and lost wages associated with injuries arising out of and in the course of employment (A.R.S. § 23-1021).
When an accident occurs to an employee, the employee must report the accident and resulting injury to the employer. The employer may choose a physician to make an initial examination of the injured employee to ascertain and report the character and extent of the injury to the employer, insurance carrier and the ICA. If the injured employee refuses to allow the employer-designated physician to make the examination, no compensation for a workers' compensation claim is paid (A.R.S. § 23-908).
The ICA, an employer or an insurance carrier may require an employee entitled to workers' compensation to submit for periodic medical examination at a time and place reasonably convenient for the employee. The employee may have a physician the employee procures and pays for present at the examination. If the employee refuses or obstructs the examination, the employee's right to workers' compensation is suspended unless an ICA administrative law judge finds the examination unnecessary or cumulative. The ICA may reduce or suspend an employee's compensation, on application and hearing, if the employee refuses medical treatment reasonably necessary for recovery or persists in practices that imperil recovery (A.R.S. § 23-1026).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the ICA to develop and annually update a list of physicians approved to conduct initial or periodic medical examinations of public safety employees with a workers' compensation claim.
2. Requires the ICA to randomly select a physician from the approved list to conduct:
a) the initial examination of a public safety employee to ascertain the character and extent of the injury; and
b) a periodic medical examination of a public safety employee entitled to workers' compensation.
3. Specifies that a public safety employee or person in charge of the public safety employee must allow the randomly-selected physician to conduct the initial examination.
4. Defines public safety employee as a firefighter, corrections officer or law enforcement officer, including a municipal or county police officer or a Department of Public Safety officer.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
Prepared by Senate Research
February 15, 2021
LB/kja