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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
claimant; guardian ad litem; procedure
Purpose
Removes a trustee as a person allowed to represent a claimant who is a minor or incapacitated in a claim for compensation or death benefits.
Background
Statute specifies that no claim for compensation is valid or enforceable unless the claim is filed with the Industrial Commission of Arizona (ICA) by the employee, or if resulting in death by the parties entitled to compensation, or someone on their behalf, in writing within one year after the injury or the right thereto accrued. The time for filing a compensation claim begins when the injury becomes manifest or when the claimant knows or, in the exercise of reasonable diligence, should know that the claimant has sustained a compensable injury. If the employee or other party is insane or legally incompetent or incapacitated when the injury occurs or the right to compensation accrues, the one-year period commences to run immediately on the termination of insanity or legal incompetence or incapacity. Within 10 days after receiving notice of an accident, the employer must inform the employer's insurance carrier and the ICA on such forms as may be prescribed by the ICA. The ICA, on receiving a claim, must give notice to the insurance carrier (A.R.S. § 23-1061).
When it appears to the ICA that a claimant for compensation or death benefits is a minor or incompetent person, the ICA is allowed, on motion of any party to the proceedings or on its own motion, to appoint a trustee or guardian ad litem to appear for and represent the minor or incompetent person, upon such terms and conditions as it deems proper or under the rules of the ICA. The trustee or guardian shall receive such compensation for their services as is fixed and allowed by the ICA or by a superior court (A.R.S. § 23-1066).
A court may appoint a guardian ad litem to represent the interest of a minor, an incapacitated, unborn or unascertained person or a person whose identity or address is unknown, if the court determines that representation of the interest otherwise would be inadequate. If not precluded by conflict of interests, the court may appoint a guardian ad litem to represent several persons or interests. In its order appointing the guardian ad litem, the court must state the basis for the appointment (A.R.S. § 14-1408).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Removes a trustee as a person allowed to represent a claimant who is a minor or incapacitated in a claim for compensation or death benefits.
2. Specifies that the guardian ad litem, when representing a minor or incapacitated person in a claim for compensation or death benefits, must represent the best interests of the minor or incapacitated person.
3. Specifies that the guardian ad litem, when representing a minor or incapacitated person in a claim for compensation or death benefits, must be in accordance with the terms, conditions and rules of the ICA, rather than the terms and conditions as the ICA deems proper or the rules the ICA made.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
House Action
COM 1/31/23 DP 10-0-0-0
3rd Read 2/31/23 60-0-0
Prepared by Senate Research
March 28, 2023
ZD/SB/sr