HB 2198
Initials PRB Page 1 Transmitted
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
House: COM DP 10-0-0-0 | 3
rd
Read 60-0-0-0
Senate: JUD DP 6-0-1-0 | 3
rd
Read 28-0-2-0
HB 2198: claimant; guardian ad litem; procedure
Sponsor: Representative Wilmeth, LD 2
Transmitted to the Governor
Overview
Removes a trustee from being appointed to represent a minor or incapacitated person relating to
workers' compensation claims.
History
The Industrial Commission of Arizona (ICA) is responsible for overseeing various labor-related
issues in Arizona including processing and adjudicating workers' compensation claims. A claim
for compensation is valid or enforceable only if it has been filed with the ICA by the employee
within one year after the injury occurred. The employer, within ten days of receiving a notice of an
accident, must inform the employer's insurance carrier and the ICA. Upon receiving notification of
the injury, the ICA sends a claim form to the employee. However, if an insurance carrier or self-
insured employer receives written notice from the injured employee who intends to file a claim
compensation, the insurance carrier or self-insured employer has seven days to forward the
notice to the ICA and inform the employee of the requirement to file with the ICA (A.R.S. § 23-
1061).
If the claimant for compensation or death benefits is a minor or an incompetent person, the ICA
may appoint a trustee or guardian ad litem to appear for and represent the person. The ICA sets
the terms and conditions as it deems proper for the representation of the person (A.R.S. § 23-
1066).
A guardian ad litem is a person appointed to protect the interest of a minor or an incompetent in
a particular case.
Provisions
1. Removes a trustee as a person who may be appointed to represent a minor or incapacitated
person in a claim for compensation or death benefits. (Sec. 1)
2. Specifies the guardian ad litem's representation of the minor or incapacitated person must be
in accordance with the terms, conditions and rules of the ICA, rather than in such terms and
conditions as the ICA deems to be proper. (Sec. 1)
3. Clarifies that the guardian ad litem's representation must be in the best interests of the minor
or incapacitated person. (Sec. 1)
4. Changes the reference of incompetent person to incapacitated person. (Sec. 1)
5. Makes clarifying changes. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note