Arizona House Considers Workers’ Comp Bills

Arizona lawmakers are considering two workers’ compensation bills that would change how benefits are calculated and awarded, and allow more communication with the doctors of injured workers.

House Bill 2828, sponsored by House Majority Whip John McCormish of Phoenix, would permit the employer, insurance carrier or Industrial Commission of Arizona, through an authorized person, to directly communicate orally or in writing with the physician or surgeon regarding the injured person’s treatment.

The bill defines an authorized person as an attorney, claims adjuster or ICA employee. Notice must be given to the employee regarding any scheduled communication with a doctor or surgeon, if a claim is pending before an Administrative Law Judge.

Additionally, HB 2828 clarifies that a reopened claim must have been previously accepted by the ICA as a valid claim and says that a claim cannot be reopened if it was previously denied or deemed final, and the exception of a late filing does not apply. A claim for benefits must be filed within two years after the date of the claim of entitled benefits.

The second measure, House Bill 2829, if passed, would deem wages that were not earned due to employee misconduct to be considered as wages actually earned, when computing benefits in workers’ comp cases.

The bill defines misconduct as impairment from intoxicating liquor or use of illegal drugs while on the employer’s premises or when reporting to work; failing to pass a drug/alcohol test; insubordination or disobedience; dishonesty; admission or conviction of a crime; violating safety, state or federal rules; absence from work without notifying the employer or having good cause; repeated or frequent absences without good cause; failing to return to work after a vacation or leave time; and failing to exercise due care and diligence in attendance.

For information, visit www.azleg.gov/bills.asp.

Judge Tosses Lawsuit Against Robert De Niro

A California judge has dismissed a lawsuit filed against Robert De Niro by Fireman’s Fund Insurance Co. that claimed he misrepresented his health for a movie role.

Fireman’s Fund insured the film “Hide and Seek,” and claimed the actor misrepresented his health when he wrote that he had never been diagnosed with or treated for prostate cancer.

According to court documents, De Niro was diagnosed with prostate cancer on Oct. 15, 2003, two days after he signed the medical certificate. He underwent a prostate-gland biopsy on Oct. 10, 2003.

Los Angeles Superior Court Judge Rolf M. Treu granted De Niro’s motion for summary judgment.

“This ruling vindicates what we’ve said all along,” De Niro’s attorney Robyn Crowther said. “We are pleased that the court has found that Fireman’s Fund can’t sue Mr. De Niro for getting cancer.”

De Niro’s diagnosis and resulting treatment delayed the movie production. Fireman’s Fund paid Fox more than $1.8 million to cover the cost of the delay. The film was released in January 2005.

Topics Workers' Compensation Arizona