Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR H.B. 2198
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. FACT SHEET
H.B. 2198
Page 2
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
3
rd
Read 2/31/23 60-0-0
Prepared by Senate Research
March 28, 2023
ZD/SB/sr