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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
industrial commission; workers' compensation; claim
Purpose
Deems valid or enforceable a workers' compensation claim (compensation claim) that is filed in writing with the insurance carrier by the employee within one year after the injury occurred.
Background
The Industrial Commission of Arizona (ICA) is the state regulatory agency responsible for processing and adjudicating a compensation claim. A compensation claim may not be valid or enforceable unless the claim is filed with the ICA by the employee or, if resulting in death by the parties entitled to compensation, someone on their behalf in writing within one year after the injury occurred or the right thereto accrued. The ICA, on receiving a claim, must give notice to the insurance carrier. If the insurance carrier or self-insurer 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 statute denying such claim. Failure of an employee or any other party entitled to compensation to file a claim with the ICA within one year or to comply with injury report requirements does not bar a claim if the insurance carrier or employer has commenced payment of certain compensation benefits (A.R.S. § 23-1061).
A valid
compensation claim filing with the ICA allows for a hearing on any question
relating to a compensation claim. The request for a hearing must be filed
within 90 day after the notice of a determination by the ICA, insurance carrier
or self-insuring employer (A.R.S.
§ 23-947). Expenses for postexposure evaluation and follow-up for spinal
meningitis or tuberculosis must be a medical benefit for any significant
exposure that arises out of and in the course of employment if the employee
files a valid compensation claim or reports in writing to the employer the details
of the exposure (A.R.S.
§ 23-1043.04).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
2. Requires an insurance carrier to file a compensation claim with the ICA on behalf of any employee who files a compensation claim with the insurance carrier.
3. Adds the filing of a claim by the insurance carrier with the ICA on behalf of the employee to the claim filings that grant:
a) a request for a hearing on a question to a claim; and
b) medical benefits for postexposure evaluations for spinal meningitis or tuberculosis.
4. Specifies that the failure to file a claim by the insurance carrier with the ICA on behalf of the employee within one year does not bar a claim if the insurance carrier or employer has commenced payment on certain compensation benefits.
5. Makes technical changes.
6. Becomes effective on the general effective date.
Prepared by Senate Research
January 31, 2022
JT/sr