|
House Engrossed |
|
State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
|
|
HOUSE BILL 2617 |
|
|
|
|
AN ACT
amending title 23, chapter 6, article 3, Arizona Revised Statutes, by adding section 23-941.01; relating to workers' compensation claims.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 23, chapter 6, article 3, Arizona Revised Statutes, is amended by adding section 23-941.01, to read:
23-941.01. Settlement of claims; definition
A. The parties to a claim may settle all or any part of the claim for compensation, benefits, penalties or interest. The parties may agree to a full and final settlement of the entire claim if a dispute exists on any part of the claim. If approved, a full and final settlement of the claim is not subject to reopening or rearrangement other than on the ground of fraud or mutual mistake of a material fact, which shall be proved by clear and convincing evidence.
B. Any settlement agreement under this section is not valid and enforceable until the settlement agreement is approved by the commission.
C. For the purposes of this section, "full and final settlement" means a settlement in which the injured worker waives any future entitlement to benefits on the claim and waives any future right to reopen or rearrange the claim pursuant to section 23-1061, subsection H.
D. The parties may enter into full and final settlement and release of a claim for undisputed entitlement to medical maintenance benefits after the period of temporary disability is terminated by a final notice of claim status or award of the commission. The carrier or employer shall submit a summary of all reasonably anticipated future medical, surgical and hospital benefits related to the claim and the projected cost of the benefits for review by the employee. All medical conditions subject to the agreement must be described in the agreement. The full and final settlement provisions defined in subsection a shall only apply to future supportive care for the described condition.
E. The employer or carrier shall provide the attending physician with notice of the approval of a full and final settlement agreement if the agreement terminates the employee's entitlement to continuing medical, hospital and surgical benefits. Unless medical, surgical and hospital treatment rendered prior to the date of the full and final settlement is subject to a dispute or payment for the treatment was included in the full and final settlement agreement, the employer or carrier shall remain responsible for payment for the treatment not covered by the full and final settlement agreement as provided by this chapter.