Bill Text: AZ SB1264 | 2011 | Fiftieth Legislature 1st Regular | Engrossed


Bill Title: Workers' compensation; reasonable accommodations

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2011-04-29 - Governor Signed [SB1264 Detail]

Download: Arizona-2011-SB1264-Engrossed.html

 

 

 

House Engrossed Senate Bill

 

 

 

 

State of Arizona

Senate

Fiftieth Legislature

First Regular Session

2011

 

 

SENATE BILL 1264

 

 

 

AN ACT

 

amending title 23, chapter 6, article 8, Arizona Revised Statutes, by adding section 23-1048; amending title 23, chapter 6, Arizona Revised Statutes, by adding article 12; relating to workers' compensation.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 23, chapter 6, article 8, Arizona Revised Statutes, is amended by adding section 23-1048, to read:

START_STATUTE23-1048.  Reasonable accommodations; earning capacity determination; definitions

A.  If an employer has made reasonable accommodations pursuant to the Americans with disabilities act or other applicable federal or state law, wages payable for the modified job position shall be included in the determination of any temporary partial or permanent partial earning capacity, notwithstanding that the modified job is not available in the open competitive labor market.

B.  For the purposes of this section:

1.  "Americans with disabilities act" means 42 United States Code sections 12101 through 12213 and 47 United States Code sections 225 and 611 and the ADA amendments act of 2008 (P.L. 110‑325; 122 Stat. 3553).

2.  "Reasonable accommodations" means accommodations made by the date of injury employer to allow an employee to return to work by modifying job duties consistent with the employee's limitations. END_STATUTE

Sec. 2.  Title 23, chapter 6, Arizona Revised Statutes, is amended by adding article 12, to read:

ARTICLE 12.  PRESUMPTIONS OF COMPENSABILITY

START_STATUTE23-1101.  Definition of report

In this article, unless the context otherwise requires, "report" means the report prescribed by section 23-1102.END_STATUTE

START_STATUTE23-1102.  Workers' compensation presumptions of compensability; report

A person that advocates a legislative proposal shall submit a report to the joint legislative audit committee as prescribed in this article, if the legislative proposal if enacted would do either of the following:

1.  Mandate that an insurer or self-insured employer deem that a disease or condition has arisen out of employment, including establishing a presumption of compensability.

2.  Substantially modify a statute that establishes a presumption of compensability for a disease or condition.END_STATUTE

START_STATUTE23-1103.  Impact of presumptions; liability

A.  The report shall include all of the following:

1.  Scientific evidence that shows the extent to which:

(a)  Peer reviewed scientific studies exist that document a causal relationship that a specific disease or condition has been demonstrated to have arisen out of employment.

(b)  The centers for disease control and prevention have determined that a disease or condition is acquired or transmitted.

(c)  Alternative exposure patterns exist for acquiring or transmitting a disease or condition other than occupational.

2.  Financial information to indicate the extent to which:

(a)  The mandate may cause an employer or insurance carrier to pay a workers' compensation claim for a nonwork related disease or condition.

(b)  The mandate may increase costs to self-insured employers or premiums charged by insurance carriers.

3.  An explanation of why existing compensability methods are inadequate to accurately determine if a disease or condition is acquired or transmitted in the course of employment.

B.  The report shall address the specific language of the legislative proposal.

C.  A person that does not submit a report as prescribed in this article is not subject to any civil sanction or criminal penalty. END_STATUTE

START_STATUTE23-1104.  Report procedures and deadlines

A report must be submitted to the joint legislative audit committee on or before September 1 before the start of the legislative session for which the legislation is proposed.  The joint legislative audit committee shall assign the written report to the appropriate legislative committee of reference established pursuant to section 41‑2954.  The legislative committee of reference shall hold at least one hearing and take public testimony after receiving the report.  The legislative committee of reference shall study the written report and deliver a report of its recommendations to the joint legislative audit committee, the speaker of the house of representatives, the president of the senate, the governor and the commission on or before December 1 of the year in which the report is submitted. END_STATUTE

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