Arizona House Bill HB2198

Arizona 2023 Regular Session

• Introduced: 1/19/23
• Report Pass: 1/31/23
• Report Pass: 2/13/23
• Engrossed: 2/21/23
• Report Pass: 3/30/23
• Report Pass: 4/3/23
• Enrolled: 4/11/23
• Passed: 4/17/23
• Chaptered: 4/17/23

Caption

Claimant; guardian ad litem; procedure

Impact

The introduction of HB 2198 enhances existing laws related to workers' compensation by providing a more structured framework for dealing with claimants who are minors or incapacitated. By formalizing the role of a guardian ad litem, the bill aims to improve the oversight and management of claims involving these vulnerable groups. It empowers the commission to appoint a trustee or guardian ad litem as needed, thereby promoting a protective mechanism for individuals who may not be capable of representing their interests effectively. This move is anticipated to lead to increased trust in the workers' compensation system and its handling of sensitive cases.

Summary

House Bill 2198 focuses on the appointment of a guardian ad litem for minors or incapacitated individuals who are claimants for workers' compensation or death benefits in Arizona. The bill amends section 23-1066 of the Arizona Revised Statutes to clarify and establish procedures for the appointment of a guardian ad litem to represent the best interests of such claimants during legal proceedings. This representation aims to ensure that the interests of vulnerable individuals are safeguarded, particularly in complex legal situations regarding compensation claims, which can be challenging for them to navigate independently.

Sentiment

The sentiment around HB 2198 is largely supportive, as it addresses a critical need for appropriate legal representation for minors and incapacitated individuals in compensation hearings. Advocacy for this bill reflects a concern for the welfare of vulnerable claimants within the legal and workers' compensation system. Stakeholders praise the bill as a necessary improvement in ensuring that these individuals receive proper advocacy and support, which is a significant step toward enhancing justice and fairness in the workers' compensation landscape.

Contention

There were few notable points of contention concerning HB 2198, as the bill generally received bipartisan support. The primary debate centered around the appropriateness and scope of the measures being introduced to protect minors and incapacitated claimants. Some concerns were raised regarding the potential administrative burden of appointing guardians ad litem in all applicable cases, but these concerns were largely outweighed by the recognition of the necessity for such protections. Overall, the focus remained on the importance of safeguarding the rights and interests of the most vulnerable claimants in Arizona’s workers' compensation system.