Arizona Senate Bill SB1403

Arizona 2022 Regular Session

• Introduced: 1/26/22
• Report Pass: 2/16/22
• Report Pass: 2/21/22
• Engrossed: 2/28/22
• Report Pass: 3/15/22
• Report Pass: 3/21/22
• Enrolled: 4/13/22
• Passed: 4/19/22
• Chaptered: 4/19/22

Caption

Workers' compensation; industrial commission; claim

Impact

The amendments made by SB 1403 impact the timely filing of workers' compensation claims significantly. By enforcing strict deadlines and clearly defining the circumstances under which claims can be filed and reopened, the bill aims to provide clarity and efficiency in the claims process. This may result in a decrease in the number of claims that could be unexpectedly challenged due to late filings, as the bill stipulates that claims must be actively pursued within specified timeframes, thereby ensuring that the commission is able to manage and address claims effectively and promptly.

Summary

Senate Bill 1403 amends section 23-1061 of the Arizona Revised Statutes, which governs claims for workers' compensation. The bill establishes that no claim shall be valid unless it is filed with the Industrial Commission by the employee or authorized representative within one year of the injury or knowledge thereof. It clarifies the process and requirements for filing claims, notifications for injury, and the obligations of both insurance carriers and employers regarding the handling of claims. Additional provisions address circumstances under which claims may be reopened, particularly when new conditions arise or when procedural anomalies occur during the claim process.

Sentiment

General sentiment towards SB 1403 appears to be mixed among various stakeholders. Proponents of the bill argue that clear deadlines and structured procedures are necessary to maintain the integrity of the workers' compensation system, reducing unnecessary litigation and uncertainty for employers and insurance carriers. However, opponents express concern that the stringent timelines and the limited circumstances for reopening claims could disadvantage employees, particularly those who may not be fully aware of their rights or who encounter difficulties navigating the claims process.

Contention

Notable points of contention surrounding SB 1403 involve its implications for employee rights and access to benefits. Critics argue that the rigorous stipulations on claim submissions and the reopening process could lead to legitimate claims being barred due to technicalities or lack of awareness among workers. Supporters counter that the intention of the amendments is to create a more predictable and manageable framework for all parties involved. The balance between ensuring timely filing and protecting employee rights remains a central debate.