ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

Senate: COM DP 7-0-2-0 | 3rd Read 30-0-0-0

House: COM DP 7-3-0-0

SB 1651: workers' compensation; service; electronic transmission

Sponsor:  Senator Livingston, LD 22

House Engrossed

Overview

Allows certain documents and notices to be transmitted by means other than mail with written consent of the receiving party.

History

Under current law, any interested party may file a request for a hearing concerning a worker’s compensation claim. A notice of the time and place of a worker’s compensation hearing must be given to all interested parties by mail at their last known address at least twenty days prior to the hearing (A.R.S. § 23-491).

When an administrative law judge determines a worker’s compensation award, the award is made part of the Industrial Commission of Arizona's (Commission) file. A copy of the award must be sent by mail to all interested parties. The award becomes final when entered unless one of the parties submits a request for review within 30 days of the date a copy of the award is mailed (A.R.S. § 23-942).

When a request for review of an administrative law judge’s award is filed, copies of the request must be mailed to other parties to the proceeding. Notice of a review must be mailed to interested parties. A copy of the decision of the presiding administrative law judge on a review must be sent by mail to the interested parties. The decision on a review is final unless one of the parties applies to the court of appeals for a writ of certiorari within 30 days after the date that the copy of the decision is mailed (A.R.S. § 23-943).

In cases of worker injury that leads to permanent partial disability that causes the injured employee to become stationary, permanent total disability or death, the Commission must determine additional compensation within a certain timeframe. The commission must mail a copy of the determination to all interested parties. Any such party may request a hearing on the determination within 90 days after copies of the determination are mailed (A.R.S. § 23-1047).

Insurance carriers and self-insuring employers must promptly report to the Commission and mail the employee any denial of a claim, change in the amount of compensation and the termination thereof (A.R.S. § 23-1061).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteDefines serve or service to mean:

a)   Mailing to the last known address of the receiving party; or

b)   Transmitting by other means, including electronic transmission, with the written consent of the receiving party. (Sec. 1)

2.   Permits the following documents and notices to be served to specified parties:

a)   Notice of the time and place of a requested worker’s compensation claim hearing;

b)   A copy of an award determined by an administrative law judge presiding over a worker’s compensation hearing;

c)   Copies of a request for review of an administrative law judge award;

d)   Notice of a review of an administrative law judge award;

e)   The decision on a review of an administrative law judge award;

f) A determination for further compensation by the Commission in permanent partial or total disability or death cases; and

g)   A notice of denial of accidental injury claim, change in amount of compensation or termination of compensation by an insurance carrier or self-insuring employer (Sec. 2-6)

3.   Makes technical and conforming changes. (Sec. 1-6)

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7.                     SB 1651

8.   Initials PRB           Page 0 House Engrossed

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