ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session
	Senate: COM DPA/SE 8-0-1-0 | 3^rd Read 27-0-3-0

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SB 1403: workers' compensation; industrial commission; claim

Sponsor: Senator Gowan, LD  14

Committee on Commerce

Overview

Provides reporting requirements for insurance carriers and self-insured employers who receive notification of an injury by an injured employee who intends to file a workers' compensation claim.

History

The Industrial Commission of Arizona (ICA) is a five-member Governor-appointed commission responsible for overseeing various labor-related issues in Arizona including processing and adjudicating workers' compensation claims.

In the event an accident occurs to an employee, the employee must report the accident and the resulting injury to the employer.  The employer, within 10 days after receiving notice of an accident, must inform the insurance carrier and the ICA.  Additionally, any physician employed by the injured employee must report the accident and the resulting injury to the employer, the insurance carrier and the ICA (A.R.S. § 23-908).

Pursuant to A.R.S. § 23-1061, the ICA, upon receiving a notification of the injury, must send a workers' compensation claim form to the employee. No claim for compensation is valid unless the claim is filed with the ICA by the employee, in writing, within one year after the injury occurred.  The ICA, on receiving a claim, must give notice to the insurance carrier. If the insurance carrier does not issue a notice of claim status denying the claim within 21 days after the date the insurance carrier is notified by the ICA of a claim or a petition to reopen, the insurance carrier must immediately pay compensation as if the claim was accepted, from the date the insurance carrier is notified by the ICA of a claim or petition to reopen until the date the insurance carrier issues a notice of claim status denying such claim.

Provisions

1. Stipulates an insurance carrier or self-insured employer who receives a written notification that an injured employee intends to file a claim for compensation must: a) forward the notification of the injury and intended claim to the ICA within seven business days and; b) inform the employee of the requirement for the employee to file a claim with the ICA. (Sec. 1)

2. Provides that the requirement to file a claim within one year of the injury is suspended, from the date that the insurance carrier or self-insured employer received written notification of the injury and intended claim until the date that the insurance carrier or self-insured employer forwards the written notification to the ICA. (Sec. 1)

3. Requires the ICA, upon receiving the forwarded notification, to notify to the employee of the employee's responsibility to file a claim with the ICA. (Sec. 1)

4. Clarifies the additional expenses relating to a petition to reopen a claim must be incurred within 15 days before, rather than 15 days after, the date that the petition is filed. (Sec. 1)

5. Makes technical changes. (Sec. 1)

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9.                   SB 1403

10. Initials PRB           Page 0 Commerce

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