Reference Title: workers' compensation; revisions

AN ACT
AMENDING SECTION 23-908, ARIZONA REVISED STATUTES; AMENDING TITLE 23, CHAPTER 6, ARTICLE 3, ARIZONA REVISED STATUTES, BY ADDING SECTION 23-953; AMENDING SECTIONS 23-1021 AND 23-1041, ARIZONA REVISED STATUTES; AMENDING TITLE 23, CHAPTER 6, ARTICLE 8, ARIZONA REVISED STATUTES, BY ADDING SECTION 23-1043.03; AMENDING SECTIONS 23-1044, 23-1045, 23-1046, 23-1061 AND 23-1065, ARIZONA REVISED STATUTES; RELATING TO WORKERS' COMPENSATION.

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

Section 1. Section 23-908, Arizona Revised Statutes, is amended to read:

23-908 . Injury reports by employer and physician; physician, physical therapist and occupational therapist fees; violation; classification

A. Every employer affected by the provisions of this chapter, and every physician who attends an injured employee of such employer, shall file with the commission and the employer's insurance carrier from time to time a full and complete report of every known injury to the employee arising out of or in the course of his employment and resulting in loss of life or injury. Such report shall be furnished to the commission and such insurance carrier at times and in the form and detail the commission prescribes, and THE REPORT shall make special answers to all questions required by the commission under its rules and regulations .

B. The commission shall fix a schedule of fees to be charged by physicians , and physical therapists OR OCCUPATIONAL THERAPISTS attending injured employees, which shall be reviewed annually by the commission.

C. Notwithstanding the provisions of section 12-2235, information obtained by any physician or surgeon examining or treating an injured person shall not be considered a privileged communication, if such information is requested by interested parties for a proper understanding of the case and a determination of the rights involved. Hospital records of an employee concerning an industrial claim shall not be considered privileged if requested by an interested party in order to determine the rights involved. Medical information from any source pertaining to conditions unrelated to the pending industrial claim shall remain privileged.

D. When an accident occurs to an employee, the employee shall forthwith report the accident and the injury resulting therefrom to the employer, and any physician employed by the injured employee shall forthwith report the accident and the injury resulting therefrom to the employer, the insurance carrier and the commission.

E. When an accident occurs to an employee, the employer may designate in writing a physician chosen by the employer, who shall be permitted by the employee, or any person in charge of the employee, to make one examination of the injured employee in order to ascertain the character and extent of the injury occasioned by the accident. The physician so chosen shall forthwith report to the employer, the insurance carrier and the commission the character and extent of the injury as ascertained by him. If the accident is not reported by the employee or his physician forthwith, as required, or if the injured employee or those in charge of him refuse to permit the employer's physician to make the examination, and the injured employee is a party to the refusal, no compensation shall be paid for the injury claimed to have resulted from the accident. The commission may relieve the injured person or his dependents from the loss or forfeiture of compensation if it believes after investigation that the circumstances attending the failure on the part of the employee or his physician to report the accident and injury are such as to have excused them.

F. Within ten days after receiving notice of an accident, the employer shall inform his insurance carrier and the commission on such forms and in such manner as may be prescribed by the commission.

G. Immediately upon notice to the employer of an accident resulting in an injury to an employee, the employer shall provide the employee with the name and address of the employer's insurance carrier, the policy number, and the expiration date.

H. Any person failing or refusing to comply with the provisions of this section is guilty of a petty offense.

Sec. 2. Title 23, chapter 6, article 3, Arizona Revised Statutes, is amended by adding section 23-953, to read:

23-953 . Notice of award; effect of petition for hearing or appeal; overpayment

WHEN A NOTICE IS ISSUED BY AN INSURANCE CARRIER OR A SELF-INSURED EMPLOYER OF AN AWARD FOR PERMANENT COMPENSATION BENEFITS PURSUANT TO SECTION 23-1044, SUBSECTION B, THESE BENEFITS SHALL BE PAID AS PROVIDED IN THE NOTICE OF AWARD AND SHALL NOT BE INTERRUPTED IF THERE IS A PETITION FOR A HEARING OR AN APPEAL TO A HIGHER COURT. ANY RESULTING OVERPAYMENT OF THESE BENEFITS SHALL BE CREDITED AGAINST ANY FUTURE LIABILITY FOR COMPENSATION BENEFITS THAT MAY ARISE OUT OF THE SAME CLAIM.

Sec. 3. Section 23-1021, Arizona Revised Statutes, is amended to read:

23-1021 . Right of employee to compensation; definitions

A. Every employee coming within the provisions of this chapter who is injured, and the dependents of every such employee who is killed by accident arising out of and in the course of his employment, wherever the injury occurred, unless the injury was purposely self-inflicted, shall be entitled to receive and shall be paid such compensation for loss sustained on account of the injury or death, such medical, nurse and hospital services and medicines, and such amount of funeral expenses in THE event of death, as are provided by this chapter.

B. Every employee WHO IS covered by insurance in the state compensation fund AND who is injured by accident arising out of and in the course of employment, and the dependents of every such employee who is killed, provided the injury was not purposely self-inflicted, shall be paid such compensation from the state compensation fund for loss sustained on account of the injury , AND shall receive such medical, nurse and hospital services and medicines, and such amount of funeral expenses in event of death, as provided in this chapter.

C. An employee's injury or death shall not be considered a personal injury by accident arising out of and in the course of employment and is not compensable pursuant to this chapter where IF the impairment of the employee is due to the employee's use of alcohol or the unlawful use of any controlled substance proscribed by title 13, chapter 34 and is a substantial contributing cause of the employee's personal injury or death. This subsection does not apply if the employer had actual knowledge of and permitted, or condoned, the employee's use of alcohol or the unlawful use of the controlled substance proscribed by title 13, chapter 34.

D. NOTWITHSTANDING SUBSECTION C OF THIS SECTION, IF THE EMPLOYER HAS ESTABLISHED A POLICY OF DRUG TESTING OR ALCOHOL IMPAIRMENT TESTING IN ACCORDANCE WITH CHAPTER 2, ARTICLE 14 OF THIS TITLE, IS MAINTAINING THAT POLICY ON AN ONGOING MANNER AND, BEFORE THE DATE OF THE EMPLOYEE'S INJURY, THE EMPLOYER FILES THE WRITTEN CERTIFICATION WITH THE INDUSTRIAL COMMISSION AS REQUIRED BY SUBSECTION F OF THIS SECTION, AN EMPLOYEE'S INJURY OR DEATH SHALL NOT BE CONSIDERED A PERSONAL INJURY BY ACCIDENT ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT AND IS NOT COMPENSABLE PURSUANT TO THIS CHAPTER, IF THE EMPLOYEE OF SUCH AN EMPLOYER FAILS TO PASS, REFUSES TO COOPERATE WITH OR REFUSES TO TAKE A DRUG TEST FOR THE UNLAWFUL USE OF ANY CONTROLLED SUBSTANCE PROSCRIBED BY TITLE 13, CHAPTER 34 OR FAILS TO PASS, REFUSES TO COOPERATE WITH OR REFUSES TO TAKE AN ALCOHOL IMPAIRMENT TEST THAT IS ADMINISTERED BY OR AT THE REQUEST OF THE EMPLOYER NOT MORE THAN TWENTY-FOUR HOURS AFTER THE EMPLOYER RECEIVES ACTUAL NOTICE OF THE INJURY, UNLESS THE EMPLOYEE PROVES ANY OF THE FOLLOWING:

1. THE EMPLOYEE'S USE OF ALCOHOL OR THE EMPLOYEE'S USE OF ANY UNLAWFUL SUBSTANCE PROSCRIBED BY TITLE 13, CHAPTER 34 WAS NOT A CONTRIBUTING CAUSE OF THE EMPLOYEE'S INJURY OR DEATH.

2. THE ALCOHOL IMPAIRMENT TEST INDICATES THAT THE EMPLOYEE'S ALCOHOL CONCENTRATION WAS LOWER THAN THE ALCOHOL CONCENTRATION THAT WOULD CONSTITUTE A VIOLATION OF SECTION 28-1381, SUBSECTION A AND WOULD NOT CREATE A PRESUMPTION THAT THE EMPLOYEE WAS UNDER THE INFLUENCE OF INTOXICATING LIQUOR PURSUANT TO SECTION 28-1381, SUBSECTION G.

3. THE DRUG TEST OR ALCOHOL IMPAIRMENT TEST USED CUTOFF LEVELS FOR THE PRESENCE OF ALCOHOL, DRUGS OR METABOLITES THAT WERE LOWER THAN THE CUTOFF LEVELS PRESCRIBED AT THE TIME OF THE TESTING FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS UNDER 49 CODE OF FEDERAL REGULATIONS PART 40.

E. SUBSECTION D OF THIS SECTION DOES NOT APPLY IF THE EMPLOYER HAD ACTUAL KNOWLEDGE OF AND PERMITTED OR CONDONED THE EMPLOYEE'S USE OF ALCOHOL OR THE EMPLOYEE'S UNLAWFUL USE OF ANY CONTROLLED SUBSTANCE PROSCRIBED BY TITLE 13, CHAPTER 34.

F. AN EMPLOYER THAT ESTABLISHES A POLICY OF DRUG TESTING OR ALCOHOL IMPAIRMENT TESTING IN ACCORDANCE WITH CHAPTER 2, ARTICLE 14 OF THIS TITLE SHALL FILE A WRITTEN CERTIFICATION TO THAT EFFECT WITH THE INDUSTRIAL COMMISSION. ON OR BEFORE JANUARY 15 OF EACH YEAR, AN EMPLOYER THAT HAS PREVIOUSLY ESTABLISHED A POLICY OF DRUG TESTING OR ALCOHOL IMPAIRMENT TESTING AND IS MAINTAINING THAT POLICY SHALL BOTH FILE A WRITTEN CERTIFICATION TO THAT EFFECT WITH THE INDUSTRIAL COMMISSION AND PROVIDE NOTIFICATION TO ITS EMPLOYEES IN A MANNER CONSISTENT WITH SECTION 23-493.04, SUBSECTION A THAT THE EMPLOYER IS MAINTAINING THAT POLICY.

G. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO ENHANCE OR EXPAND THE REPORTING REQUIREMENTS PRESCRIBED IN SECTION 23-908, SUBSECTION D.

H. FOR PURPOSES OF THIS SECTION:

1. "REFUSES TO COOPERATE" MEANS THAT THE EMPLOYEE ENGAGES IN ANY ACT OR OMISSION THAT IMPEDES THE ABILITY OF THE EMPLOYER, THE INSURANCE CARRIER OR THE AGENTS OF THE EMPLOYER OR INSURANCE CARRIER TO OBTAIN AN ACCURATE RESULT ON A DRUG TEST OR AN ALCOHOL IMPAIRMENT TEST.

2. "SUBSTANTIAL CONTRIBUTING CAUSE" MEANS ANYTHING MORE THAN A SLIGHT CONTRIBUTING CAUSE.

Sec. 4. Section 23-1041, Arizona Revised Statutes, is amended to read:

23-1041 . Basis for computing compensation; definition

A. Every employee of an employer within the provisions of this chapter who is injured by accident arising out of and in the course of employment, or his dependents in the event of his death, shall receive the compensation fixed in this chapter on the basis of such employee's average monthly wage at the time of injury.

B. If the injured or killed employee has not been continuously employed for the period of thirty days immediately preceding the injury or death, the average monthly wage shall be such amount as, having regard to the previous wage of the injured employee or of other employees of the same or most similar class working in the same or most similar employment in the same or neighboring locality, reasonably represents the monthly earning capacity of the injured employee in the employment in which he is working at the time of the accident.

C. If the employee is working under a contract by which he is guaranteed an amount per diem or per month, notwithstanding the contract price for such labor, the employee or his subordinates or employees working under the terms of such contract or his or their dependents in case of death shall be entitled to receive compensation on the basis only of the guaranteed wage as set out in the contract of employment, whether paid on a per diem or monthly basis, but in no event shall the basis be less than the wages paid to employees for similar work not under contract.

E. D. Notwithstanding any other provision of this chapter, in computing the average monthly wage there shall be excluded from such computation all wages or other compensation for services in excess of:

1. One thousand three hundred twenty-five dollars per month for employees injured before January 1, 1988.

2. One thousand six hundred fifty dollars per month for employees injured from and after December 31, 1987 but before July 1, 1989.

3. One thousand eight hundred dollars per month for employees injured from and after June 30, 1989 but before July 1, 1991.

4. Two thousand one hundred dollars per month for employees injured from and after June 30, 1991 BUT BEFORE THE EFFECTIVE DATE OF THIS AMENDMENT TO THIS SECTION .

5. TWO THOUSAND FOUR HUNDRED DOLLARS PER MONTH FOR EMPLOYEES INJURED FROM AND AFTER THE EFFECTIVE DATE OF THIS AMENDMENT TO THIS SECTION.

F. E. Prior to a determination of the average monthly wage, compensation shall be paid on a basis of a minimum monthly wage of two hundred dollars for employees eighteen years of age or over.

D. F. The term IN THIS SECTION "monthly wage" means the average wage paid during and over the month in which the employee is killed or injured.

Sec. 5. Title 23, chapter 6, article 8, Arizona Revised Statutes, is amended by adding section 23-1043.03, to read:

23-1043.03 . Hepatitis C; establishing exposure; definition

A. A CLAIM FOR A CONDITION, INFECTION, DISEASE OR DISABILITY INVOLVING OR RELATED TO HEPATITIS C SHALL INCLUDE THE OCCURRENCE OF A SIGNIFICANT EXPOSURE AS DEFINED IN THIS SECTION AND, EXCEPT AS PROVIDED IN SUBSECTION B OF THIS SECTION, SHALL BE PROCESSED AND DETERMINED UNDER THIS CHAPTER AND APPLICABLE PRINCIPLES OF LAW.

B. NOTWITHSTANDING ANY OTHER LAW, AN EMPLOYEE WHO SATISFIES THE FOLLOWING CONDITIONS PRESENTS A PRIMA FACIE CLAIM FOR A CONDITION, INFECTION, DISEASE OR DISABILITY INVOLVING OR RELATED TO HEPATITIS C IF THE MEDICAL EVIDENCE SHOWS TO A REASONABLE DEGREE OF MEDICAL PROBABILITY THAT THE EMPLOYEE SUSTAINED A SIGNIFICANT EXPOSURE WITHIN THE MEANING OF THIS SECTION:

1. THE EMPLOYEE'S REGULAR COURSE OF EMPLOYMENT INVOLVES HANDLING OF OR EXPOSURE TO BLOOD OR BODY FLUIDS, OTHER THAN TEARS, SALIVA OR PERSPIRATION, INCLUDING HEALTH CARE PROVIDERS AS DEFINED IN SECTION 36-661, FORENSIC LABORATORY WORKERS, FIRE FIGHTERS, LAW ENFORCEMENT OFFICERS, EMERGENCY MEDICAL TECHNICIANS, PARAMEDICS AND CORRECTIONAL OFFICERS.

2. WITHIN TEN CALENDAR DAYS AFTER A POSSIBLE SIGNIFICANT EXPOSURE THAT ARISES OUT OF AND IN THE COURSE OF HIS EMPLOYMENT, THE EMPLOYEE REPORTS IN WRITING TO THE EMPLOYER THE DETAILS OF THE EXPOSURE. THE EMPLOYER SHALL NOTIFY ITS INSURANCE CARRIER OR CLAIMS PROCESSOR OF THE REPORT. FAILURE OF THE EMPLOYER TO NOTIFY THE INSURANCE CARRIER IS NOT A DEFENSE TO A CLAIM BY THE EMPLOYEE.

3. THE EMPLOYEE HAS BLOOD DRAWN WITHIN TEN DAYS AFTER THE POSSIBLE SIGNIFICANT EXPOSURE, THE BLOOD IS TESTED FOR HEPATITIS C BY ANTIBODY TESTING WITHIN THIRTY DAYS AFTER THE EXPOSURE AND THE TEST RESULTS ARE NEGATIVE.

4. THE EMPLOYEE IS TESTED OR DIAGNOSED, ACCORDING TO CLINICAL STANDARDS ESTABLISHED BY THE CENTERS FOR DISEASE CONTROL OF THE UNITED STATES PUBLIC HEALTH SERVICE, AS POSITIVE FOR THE PRESENCE OF HEPATITIS C WITHIN SEVEN MONTHS AFTER THE DATE OF THE POSSIBLE SIGNIFICANT EXPOSURE.

C. ON PRESENTATION OR SHOWING OF A PRIMA FACIE CLAIM UNDER THIS SECTION, THE EMPLOYER MAY PRODUCE SPECIFIC, RELEVANT AND PROBATIVE EVIDENCE TO DISPUTE THE UNDERLYING FACTS, TO CONTEST WHETHER THE EXPOSURE WAS SIGNIFICANT AS DEFINED IN THIS SECTION, OR TO ESTABLISH AN ALTERNATIVE SIGNIFICANT EXPOSURE INVOLVING THE PRESENCE OF HEPATITIS C.

D. A PERSON ALLEGED TO BE A SOURCE OF A SIGNIFICANT EXPOSURE SHALL NOT BE COMPELLED BY SUBPOENA OR OTHER COURT ORDER TO RELEASE CONFIDENTIAL HEPATITIS C RELATED INFORMATION EITHER BY DOCUMENT OR BY ORAL TESTIMONY. EVIDENCE OF THE ALLEGED SOURCE'S HEPATITIS C STATUS MAY BE INTRODUCED BY EITHER PARTY IF THE ALLEGED SOURCE KNOWINGLY AND WILLINGLY CONSENTS TO THE RELEASE OF THAT INFORMATION.

E. NOTWITHSTANDING TITLE 36, CHAPTER 6, ARTICLE 4, MEDICAL INFORMATION REGARDING THE EMPLOYEE OBTAINED BY A PHYSICIAN OR SURGEON IS SUBJECT TO SECTION 23-908, SUBSECTION C.

F. THE COMMISSION BY RULE SHALL PRESCRIBE REQUIREMENTS AND FORMS REGARDING EMPLOYEE NOTIFICATION OF THE REQUIREMENTS OF THIS SECTION AND THE PROPER DOCUMENTATION OF A SIGNIFICANT EXPOSURE.

G. FOR THE PURPOSES OF THIS SECTION, "SIGNIFICANT EXPOSURE" MEANS CONTACT OF AN EMPLOYEE'S RUPTURED OR BROKEN SKIN OR MUCOUS MEMBRANE OR OTHER SIGNIFICANT UNBROKEN SURFACE AREA WITH A PERSON'S BLOOD OR BODY FLUIDS, OTHER THAN TEARS, SALIVA OR PERSPIRATION, OF A MAGNITUDE THAT THE CENTERS FOR DISEASE CONTROL HAVE EPIDEMIOLOGICALLY DEMONSTRATED CAN RESULT IN TRANSMISSION OF HEPATITIS C. FOR PURPOSES OF FILING A CLAIM UNDER THIS SECTION, SIGNIFICANT EXPOSURE DOES NOT INCLUDE SEXUAL ACTIVITY OR ILLEGAL DRUG USE.

Sec. 6. Section 23-1044, Arizona Revised Statutes, is amended to read:

23-1044 . Compensation for partial disability; computation

A. For temporary partial disability there shall be paid during the period thereof sixty-six and two-thirds per cent of the difference between the wages earned before the injury and the wages which the injured person is able to earn thereafter. Unemployment benefits received during the period of temporary partial disability AND FIFTY PER CENT OF RETIREMENT AND PENSION BENEFITS RECEIVED FROM THE INSURED OR SELF-INSURED EMPLOYER DURING THE PERIOD OF TEMPORARY PARTIAL DISABILITY shall be considered wages able to be earned.

B. Disability shall be deemed permanent partial disability if caused by any of the following specified injuries, and compensation of fifty-five per cent of the average monthly wage of the injured employee, in addition to the compensation for temporary total disability, shall be paid for the period given in the following schedule:

1. For the loss of a thumb, fifteen months.

2. For the loss of a first finger, commonly called the index finger, nine months.

3. For the loss of a second finger, seven months.

4. For the loss of a third finger, five months.

5. For the loss of the fourth finger, commonly called the little finger, four months.

6. The loss of a distal or second phalange of the thumb or the distal or third phalange of the first, second, third or fourth finger, shall be considered equal to the loss of one-half of the thumb or finger, and compensation shall be one-half of the amount specified for the loss of the entire thumb or finger.

7. The loss of more than one phalange of the thumb or finger shall be considered as the loss of the entire finger or thumb, but in no event shall the amount received for more than one finger exceed the amount provided for the loss of a hand.

8. For the loss of a great toe, seven months.

9. For the loss of a toe other than the great toe, two and one-half months.

10. The loss of the first phalange of any toe shall be considered equal to the loss of one-half of the toe and compensation shall be one-half of the amount for one toe.

11. The loss of more than one phalange shall be considered as the loss of the entire toe.

12. For the loss of a major hand, fifty months, or of a minor hand, forty months.

13. For the loss of a major arm, sixty months, or of a minor arm, fifty months.

14. For the loss of a foot, forty months.

15. For the loss of a leg, fifty months.

16. For the loss of an eye by enucleation, thirty months.

17. For the permanent and complete loss of sight in one eye without enucleation, twenty-five months.

18. For permanent and complete loss of hearing in one ear, twenty months.

19. For permanent and complete loss of hearing in both ears, sixty months.

20. The permanent and complete loss of the use of a finger, toe, arm, hand, foot or leg may be deemed the same as the loss of any such member by separation.

21. For the partial loss of use of a finger, toe, arm, hand, foot or leg, or partial loss of sight or hearing, fifty per cent of the average monthly wage during that proportion of the number of months in the foregoing schedule provided for the complete loss of use of such member, or complete loss of sight or hearing, which the partial loss of use thereof bears to the total loss of use of such member or total loss of sight or hearing. In this paragraph, "loss of use" means a loss of physical function of the affected member, sight or hearing. The effect on a worker's AN EMPLOYEE'S ability to return to his THE EMPLOYEE'S occupation at the time of the injury shall not be considered in establishing the percentage of loss under this section, except that if the employee is unable to return to the work he THE EMPLOYEE was performing at the time he THE EMPLOYEE was injured due to the TOTAL OR partial loss of use, compensation pursuant to this section shall be calculated based on seventy-five per cent of the average monthly wage.

22. For permanent disfigurement about the head or face, which shall include injury to or loss of teeth, the commission may, in accordance with the provisions of section 23-1047, allow such sum for compensation thereof as it deems just, in accordance with the proof submitted, for a period of not to exceed eighteen months.

C. In cases not enumerated in subsection B of this section, where IF the injury causes permanent partial disability for work, the employee shall receive during such disability compensation equal to fifty-five per cent of the difference between his THE EMPLOYEE'S average monthly wages before the accident and the amount which represents his THE EMPLOYEE'S reduced monthly earning capacity resulting from the disability, but the payment shall not continue after the disability ends, or the death of the injured person EMPLOYEE , and in case the partial disability begins after a period of total disability, the period of total disability shall be deducted from the total period of compensation.

D. In determining the amount which represents the reduced monthly earning capacity for the purposes of subsection C of this section, consideration shall be given, among other things, to any previous disability, the occupational history of the injured employee, the nature and extent of the physical disability, the type of work the injured employee is able to perform subsequent to the injury, any wages received for work performed subsequent to the injury and the age of the employee at the time of injury.

E. In case there is a previous disability, as the loss of one eye, one hand, one foot or otherwise, the percentage of disability for a subsequent injury shall be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.

F. For the purposes of subsection C of this section, the commission shall, in accordance with the provisions of section 23-1047 when the physical condition of the injured employee becomes stationary, determine the amount which represents the reduced monthly earning capacity , and upon such determination make an award of compensation which shall be subject to change in any of the following events:

1. Upon a showing of a change in the physical condition of the workman EMPLOYEE subsequent to such findings and award arising out of the injury resulting in the reduction or increase of his THE EMPLOYEE'S earning capacity.

2. Upon a showing of a reduction in the earning capacity of the workman EMPLOYEE arising out of such injury where there is no change in his THE EMPLOYEE'S physical condition, subsequent to the findings and award.

3. Upon a showing that his THE EMPLOYEE'S earning capacity has increased subsequent to such findings and award.

G. The commission may adopt a schedule for rating loss of earning capacity and reasonable and proper rules to carry out the provisions of this section. In cases under subsections C, E and F IN ALL CASES INVOLVING THIS SECTION, EXCEPT FOR CASES UNDER SUBSECTION B of this section, OR IN CASES INVOLVING A REQUEST PURSUANT TO SECTION 23-1061, SUBSECTION J FOR DISABILITY COMPENSATION, where IF any issue is raised regarding whether the injured employee has suffered a loss of earning capacity because of an inability to obtain or retain suitable work, the following apply:

1. In cases under subsections C and E of this section, The employer or carrier may present evidence showing that the inability to obtain suitable work is due, in whole or in part, to economic or business conditions, or other factors unrelated to the INDUSTRIAL injury. The INJURED employee may present evidence showing that the inability to obtain suitable work is due, in whole or in part, to his THE INDUSTRIAL injury or limitations resulting from the injury. The administrative law judge may SHALL consider all such evidence in determining whether and to what extent the INJURED employee has sustained any loss of earning capacity.

2. In cases under subsections E and F of this section involving loss of employment, the employer or carrier may present evidence showing that the injured employee was terminated from employment or has not obtained suitable work, or both, due, in whole or in part, to economic or business conditions, or other factors unrelated to the injury. The INJURED employee may present evidence showing that such termination or inability to obtain suitable work is due, in whole or in part, to his THE INDUSTRIAL injury or limitations resulting from the injury. The administrative law judge may SHALL consider all such evidence in determining whether and to what extent the INJURED employee has sustained any loss or additional loss of earning capacity.

H. Any single injury or disability THAT IS listed in subsection B of this section which AND THAT is not converted into an injury or disability compensated under subsection C of this section by operation of this section shall be treated as scheduled under subsection B of this section regardless of its actual effect on the injured employee's earning capacity.

Sec. 7. Section 23-1045, Arizona Revised Statutes, is amended to read:

23-1045 . Compensation for total disability; permanent total disability defined

A. For temporary total disability the following compensation shall be paid:

1. If there is no one residing in the United States dependent upon the employee at the time of the injury, Compensation of sixty-six and two-thirds per cent of the average monthly wage shall be paid during the period of disability.

2. If there are persons residing in the United States dependent for support upon the employee, compensation shall be paid as provided in this chapter SECTION, with an additional allowance of twenty-five dollars per month for such dependents during the period of disability. The additional allowance shall not be based upon a per capita number of dependents but shall reflect a total monthly benefit increase of exactly twenty-five dollars.

B. For permanent total disability, compensation of sixty-six and two-thirds per cent of the average monthly wage shall be paid during the life of the injured person.

C. In the absence of proof to the contrary, disability shall be deemed total and permanent if caused by:

1. The total and permanent loss of sight of both eyes.

2. The loss by separation of both feet.

3. The loss by separation of both hands.

4. An injury to the spine resulting in permanent and complete paralysis of both legs or both arms, or one leg and one arm.

5. An injury to the skull resulting in incurable imbecility or insanity.

6. The loss by separation of one hand and one foot.

D. The enumeration in this section is not exclusive, and in all other cases permanent total disability shall be determined in accordance with the facts and in accordance with the provisions of section 23-1047.

Sec. 8. Section 23-1046, Arizona Revised Statutes, is amended to read:

23-1046 . Death benefits

A. In case of an injury causing death, the compensation therefor shall be known as a death benefit , and shall be payable in the amount, for the period, and to and for the benefit of the persons following:

1. Burial expenses, not to exceed three FIVE thousand dollars, in addition to the compensation.

2. To the surviving spouse, if there is ARE no child CHILDREN , thirty-five SIXTY-SIX AND TWO-THIRDS per cent of the average MONTHLY wage of the deceased, to be paid until such spouse's death or remarriage, with two years' compensation in one sum upon remarriage. TO THE SURVIVING SPOUSE IF THERE ARE SURVIVING CHILDREN, THIRTY-FIVE PER CENT OF THE AVERAGE MONTHLY WAGE OF THE DECEASED, TO BE PAID UNTIL SUCH SPOUSE'S DEATH OR REMARRIAGE WITH TWO YEARS' COMPENSATION IN ONE SUM UPON REMARRIAGE, AND TO THE SURVIVING CHILDREN, AN ADDITIONAL THIRTY-ONE AND TWO-THIRDS PER CENT OF THE AVERAGE MONTHLY WAGE, TO BE DIVIDED EQUALLY AMONG THEM UNTIL THE AGE OF EIGHTEEN YEARS, UNTIL THE AGE OF TWENTY-TWO YEARS IF THE CHILD IS ENROLLED AS A FULL-TIME STUDENT IN ANY ACCREDITED EDUCATIONAL INSTITUTION, OR IF OVER EIGHTEEN YEARS AND INCAPABLE OF SELF-SUPPORT WHEN THE CHILD BECOMES CAPABLE OF SELF-SUPPORT. WHEN ALL SURVIVING CHILDREN ARE NO LONGER ELIGIBLE FOR BENEFITS, THE SURVIVING SPOUSE'S BENEFITS SHALL BE PAID AS IF THERE WERE NO CHILDREN. IN THE EVENT OF THE SUBSEQUENT DEATH OR REMARRIAGE OF THE SURVIVING SPOUSE, THE SURVIVING CHILD'S OR CHILDREN'S BENEFITS SHALL BE COMPUTED PURSUANT TO PARAGRAPH 3.

3. To the widow or widower, if there is a child or children, the additional amount of fifteen per cent of such wage for each child until the age of eighteen years or until the age of twenty-two years if the child is enrolled as a full-time student in any accredited educational institution, the total not to exceed sixty-six and two-thirds per cent of the average wage.

4. 3. To a single surviving child, in the case of the subsequent death OR REMARRIAGE of a surviving husband or wife, or if there is no surviving husband or wife, twenty-five per cent of such average wages, or if there is more than one surviving child, twenty-five per cent for one child, and fifteen per cent for each additional child, to be divided among such children share and share alike, but not exceeding a total of sixty-six and two-thirds per cent of the average wage. Compensation to any such child shall cease upon death, upon marriage or upon reaching the age of eighteen years, except, if over eighteen years and incapable of self-support, when he becomes capable of self-support , OR IF OVER EIGHTEEN YEARS OF AGE AND ENROLLED AS A FULL-TIME STUDENT IN ANY ACCREDITED EDUCATIONAL INSTITUTION, WHEN THE CHILD REACHES AGE TWENTY-TWO .

5. 4. To a parent, if there is no surviving husband, wife or child under the age of eighteen years, if wholly dependent for support upon the deceased employee at the time of his death, twenty-five per cent of the average monthly wage of the deceased during dependency, with an added allowance of fifteen per cent if two dependent parents survive, and, if neither parent is wholly dependent, but one or both partly dependent, fifteen per cent divided between them share and share alike.

6. 5. To brothers or sisters under the age of eighteen years, if there is no surviving husband or wife, dependent children under the age of eighteen years or dependent parent, the following shall govern:

(a) If one of the brothers or sisters is wholly dependent upon the deceased employee for support at the time of injury causing death, twenty-five per cent of the average monthly wage until the age of eighteen years.

(b) If more than one brother or sister is wholly dependent, thirty-five per cent of the average monthly wage at the time of injury causing death, divided among such dependents share and share alike.

(c) If none of the brothers or sisters is wholly dependent, but one or more are partly dependent, fifteen per cent divided among such dependents share and share alike.

B. If the deceased employee leaves dependents only partially dependent upon his earnings for support at the time of the injury, the monthly compensation shall be equal to such proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the employee to such partial dependents bears to the average wage of the deceased at the time of the injury resulting in his death. The duration of compensation to partial dependents shall be fixed by the commission in accordance with the facts shown, and in accordance with the provisions of section 23-1047, but shall in no case exceed compensation for one hundred months.

C. A death benefit paid to an alien not residing in the United States shall be only sixty per cent of the amount specified in this section.

D. C. In THE event of death of a dependent before expiration of the time named in the award, the funeral expenses of such person, not to exceed eight hundred dollars, shall be paid.

Sec. 9. Section 23-1061, Arizona Revised Statutes, is amended to read:

23-1061 . Notice of accident; form of notice; claim for compensation; reopening; payment of compensation

A. Notwithstanding the provisions of subsection D of section 23-908, SUBSECTION D, no claim for compensation shall be valid or enforceable unless the claim is filed with the commission 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 occurred or the right thereto accrued. The time for filing a compensation claim begins to run when the injury becomes manifest or when the claimant knows or in the exercise of reasonable diligence should know that he THE CLAIMANT has sustained a compensable injury. Except as provided in subsection B of this section, neither the commission nor any court shall have jurisdiction to consider a claim which is not timely filed under this subsection, except if the employee or other party entitled to file the claim has delayed in doing so because of justifiable reliance on a material representation by the commission, employer or insurance carrier or if the employee or other party entitled to file the claim is insane or legally incompetent or incapacitated at the time the injury occurs or the right to compensation accrues or during the one-year period thereafter. If the insanity or legal incompetence or incapacity occurs after the one-year period has commenced, the running of the remainder of the one-year period shall be suspended during the period of insanity or legal incompetence or incapacity. 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 upon the termination of insanity or legal incompetence or incapacity. The commission upon receiving a claim shall give notice to the carrier.

B. Failure of an employee or ANY other party entitled to compensation to file a claim with the commission within one year or to comply with the provisions of section 23-908 shall not bar a claim if the insurance carrier or employer has commenced payment of compensation benefits under the provisions of section 23-1044, 23-1045 or 23-1046, except that the payments provided for by section 23-1046, subsection A, paragraph 1 and section 23-1065, subsection A shall not be considered compensation benefits for the purposes of this section.

C. If the commission receives a notification of the injury, the commission shall send a claim form to the employee.

D. The issue of failure to file a claim must be raised at the first hearing on a claim for compensation in respect to the injury or death.

E. Within ten days after receiving notice of an accident, the employer shall inform his insurance carrier and the commission on such forms as may be prescribed by the commission.

F. Each insurance carrier and self-insuring employer shall report to the commission a notice of the first payment of compensation and shall promptly report to the commission and to the employee by mail at his last known address any denial of a claim, any change in the amount of compensation and the termination thereof, except that claims for medical, surgical and hospital benefits which are not denied shall be reported to the commission in the form and manner determined by the commission. In all cases where compensation is payable, the carrier or self-insuring employer shall promptly determine the average monthly wage pursuant to section 23-1041. Within thirty days of the payment of the first installment of compensation, the carrier or self-insuring employer shall notify the employee and commission of the average monthly wage of the claimant as calculated, and the basis for such determination. The commission shall thereupon make its own independent determination of the average monthly wage pursuant to section 23-1041. The commission shall within thirty days after receipt of such notice notify the employee, employer and carrier of such determination. The amount determined by the commission shall be payable retroactive to the first date of entitlement. The first payment of compensation shall be accompanied by a notice on a form prescribed by the commission stating the manner in which the amount of compensation was determined.

G. Except as otherwise provided by law, the insurance carrier or self-insuring employer shall process and pay compensation and provide medical, surgical and hospital benefits, without the necessity for the making of an award or determination by the commission.

H. An employee may reopen his THE EMPLOYEE'S claim to secure an increase or rearrangement of compensation or additional benefits by filing with the commission a petition requesting the reopening of his THE EMPLOYEE'S claim upon the basis of A new, additional or previously undiscovered temporary or permanent condition, which petition shall be accompanied by a statement from a physician setting forth the physical condition of the employee relating to the claim. A CLAIM SHALL NOT BE REOPENED BECAUSE OF INCREASED SUBJECTIVE PAIN IF THE PAIN IS NOT ACCOMPANIED BY A CHANGE IN OBJECTIVE PHYSICAL FINDINGS. A CLAIM SHALL NOT BE REOPENED SOLELY FOR ADDITIONAL DIAGNOSTIC OR INVESTIGATIVE MEDICAL TESTS, BUT EXPENSES FOR ANY REASONABLE AND NECESSARY DIAGNOSTIC OR INVESTIGATIVE TESTS THAT ARE CAUSALLY RELATED TO THE INJURY SHALL BE PAID BY THE EMPLOYER OR THE EMPLOYER'S INSURANCE CARRIER. EXPENSES FOR REASONABLE AND NECESSARY MEDICAL AND HOSPITAL CARE AND LABORATORY WORK SHALL BE PAID BY THE EMPLOYER OR THE EMPLOYER'S INSURANCE CARRIER IF THE CLAIM IS REOPENED AS PROVIDED BY LAW AND IF THESE EXPENSES ARE INCURRED WITHIN FIFTEEN DAYS AFTER THE DATE THAT THE PETITION TO REOPEN IS FILED. The payment for such reasonable and necessary medical, hospital and laboratory work expense shall be paid for by the employer or the employer's insurance carrier if the claim is reopened as provided by law and if such expenses are incurred within fifteen days of the filing of the petition to reopen. Surgical benefits are not payable for any period prior to the date of filing of a petition to reopen, except that surgical benefits are payable for a period prior to the date of filing the petition to reopen not to exceed seven days if a bona fide medical emergency precludes the employee from filing a petition to reopen prior to the surgery. No monetary compensation is payable for any period prior to the date of filing the petition to reopen.

I. Upon the filing of a petition to reopen a claim the commission shall in writing notify the employer's insurance carrier or the self-insuring employer, which shall in writing notify the commission and the employee within twenty-one days after the date of such notice of its acceptance or denial of the petition. The reopened claim shall be processed thereafter in like manner as a new claim.

J. The commission shall investigate and review any claim in which it appears to the commission that the claimant has not been granted the benefits to which such claimant is entitled. If the commission determines that payment or denial of compensation is improper in any way, it shall hold a hearing pursuant to section 23-941 within sixty days after receiving notice of such impropriety.

K. When there is a dispute as to which employer, or insurance carrier, is liable for the payment of a compensable claim, the commission may, by order, designate the employer or insurance carrier which shall pay the claim. Payment shall begin within fourteen days after the employer or insurance carrier has been ordered by the commission to commence payment. When a final determination has been made as to which employer or insurance carrier is actually liable, the commission shall direct any necessary monetary adjustment or reimbursement between AMONG the parties or carriers involved.

L. Upon application to the commission, and for good cause shown, the commission may direct that a document filed as a claim for compensation benefits be designated as a petition to reopen, effective as of the original date of filing. In like manner upon application and good cause shown the commission may direct that a document filed as a petition to reopen be designated a claim for compensation benefits, effective as of the original date of filing.

M. If the insurance carrier or self-insurer does not issue a notice of claim status denying the claim within twenty-one days from the date the carrier is notified by the commission of a claim or of a petition to reopen, the carrier shall pay immediately , compensation as if the claim were accepted, from the date the carrier is notified by the commission of a claim or petition to reopen until the date upon which the carrier issues a notice of claim status denying such claim. As used in this subsection, " Compensation payable" includes medical, surgical and hospital benefits. This section shall not apply to cases involving seven days or less of time lost from work.

Sec. 10. Section 23-1065, Arizona Revised Statutes, is amended to read:

23-1065 . Special fund; purposes; investment committee

A. The industrial commission may direct the payment into the state treasury of not to exceed one and one-half per cent of all premiums received by the state compensation fund and private insurance carriers during the immediately preceding calendar year. The same percentage shall be assessed against self-insurers based on the total cost to the self-insured employer as provided in section 23-961, subsection G. Such assessments shall be computed on the same premium basis as provided for in section 23-961, subsections G, H, I and J and shall be no more than is necessary to keep the special fund actuarially sound. Such payments shall be placed in a special fund within the administrative fund to provide, at the discretion of the commission, such additional awards as may be necessary to enable injured employees to accept the benefits of any law of the state or of the United States, or both jointly, for promotion of vocational rehabilitation of persons disabled in industry.

B. In claims involving an employee who has a preexisting industrially-related permanent physical impairment of the type specified in section 23-1044, subsection B and who thereafter suffers an additional permanent physical impairment of the type specified in such subsection, the claim involving the subsequent impairment is eligible for reimbursement, as provided by subsection D of this section, according to the following:

1. The employer in whose employ the subsequent impairment occurred or its insurance carrier is solely responsible for all temporary disability compensation to which the employee is entitled and for an amount equal to the permanent disability compensation provided by section 23-1044, subsection B for the subsequent impairment. If the employee is determined to have sustained no loss of earning capacity after the medically stationary date, the employer or carrier shall pay him as a vocational rehabilitation bonus the amount calculated under this paragraph as a lump sum, which shall be a credit against any permanent compensation benefits awarded in any subsequent proceeding. The amount of the vocational rehabilitation bonus for which the employer or carrier is responsible under this paragraph shall be calculated solely on physical, medically rated permanent impairment and not on occupational or other factors.

2. If the commission determines that the employee is entitled to compensation for loss of earning capacity under the provisions of section 23-1044, subsection C or permanent total disability under section 23-1045, subsection B, the total amount of permanent benefits for which the employer or carrier is solely responsible under paragraph 1 of this subsection shall be expended first, with monthly payments made according to the loss of earning capacity or permanent total disability award. The employer or carrier and the special fund are equally responsible for the remaining amount of compensation for loss of earning capacity under section 23-1044, subsection C or permanent total disability under section 23-1045, subsection B. This paragraph shall not be construed as requiring payment of any benefits under section 23-1044, subsection B in any case in which an employee is entitled to benefits for loss of earning capacity under section 23-1044, subsection C or permanent total disability benefits under section 23-1045, subsection B.

C. In claims involving an employee who has a preexisting physical impairment which is not industrially-related and, whether congenital or due to injury or disease, is of such seriousness as to constitute a hindrance or obstacle to employment or to obtaining reemployment if the employee becomes unemployed, and the impairment equals or exceeds a ten per cent permanent impairment evaluated in accordance with the American medical association guides to the evaluation of permanent impairment, and the employee thereafter suffers an additional permanent impairment not of the type specified in section 23-1044, subsection B, the claim involving the subsequent impairment is eligible for reimbursement, as provided by subsection D of this section, under the following conditions:

1. The employer in whose employ the subsequent impairment occurred or its carrier is solely responsible for all temporary disability compensation to which the employee is entitled.

2. The employer establishes by written records that The employer had knowledge of the permanent impairment at the time the employee was hired, or that the employee continued in employment after the employer acquired such knowledge.

3. The employee's preexisting impairment is due to one or more of the following:

(a) Epilepsy.

(b) Diabetes.

(c) Cardiac disease.

(d) Arthritis.

(e) Amputated foot, leg, arm or hand.

(f) Loss of sight of one or both eyes or a partial loss of uncorrected vision of more than seventy-five per cent bilaterally.

(g) Residual disability from poliomyelitis.

(h) Cerebral palsy.

(i) Multiple sclerosis.

(j) Parkinson's disease.

(k) Cerebral vascular accident.

(l) Tuberculosis.

(m) Silicosis.

(n) Psychoneurotic disability following treatment in a recognized medical or mental institution.

(o) Hemophilia.

(p) Chronic osteomyelitis.

(q) Hyperinsulinism.

(r) Muscular dystrophies.

(s) Arteriosclerosis.

(t) Thrombophlebitis.

(u) Varicose veins.

(v) Heavy metal poisoning.

(w) Ionizing radiation injury.

(x) Compressed air sequelae.

(y) Ruptured intervertebral disk.

4. The employer or carrier and the special fund are equally responsible for the amount of compensation for loss of earning capacity under section 23-1044, subsection C or permanent total disability under section 23-1045, subsection B.

D. The employer or insurance carrier shall notify the commission of its intent to claim reimbursement for an eligible claim under subsection B or C of this section not later than the time the employer or insurance carrier notifies the commission pursuant to section 23-1047, subsection A. Upon receiving notice the commission may expend funds from the special fund created by this section for travel and discovery procedures and for the employment of such independent legal, medical, rehabilitation, claims or labor market consultants or experts as may be deemed necessary by the commission to assist in the determination of the liability of the special fund, if any, under subsection B or C of this section. In the event there is any dispute regarding liability to the special fund pursuant to subsection B or C of this section, the commission shall not delay the issuance of a permanent award pursuant to section 23-1047, subsection B.

E. If the special fund created by this section is determined to be liable under either subsection B or C of this section, the employer or insurance carrier which is primarily liable shall pay the entire amount of the award to the injured employee and the commission shall by rule provide for the reimbursement of the employer or insurance carrier on an annual basis. In any case arising out of subsection B or C of this section, the written approval of the special fund is required for the compromise of any claim made pursuant to section 23-1023. In any such case, written approval shall not be unreasonably withheld by the special fund, carrier, self-insured employer or other person responsible for the payment of compensation. Failure to obtain the written approval of the special fund shall not cause the injured worker to lose any benefits but ends the special fund's liability for reimbursement and makes the employer or carrier solely responsible for the payment of the remaining benefits.

F. The employer or insurance carrier shall make its claim for reimbursement to the commission no later than November 1 each year, for payments made pursuant to subsection B or C of this section during the twelve months prior to October 1 each year. Claims shall be paid before December 31 each year. If the total annual reserved liabilities of the special fund obligated under subsections B and C of this section exceed six million dollars, as determined by the annual actuarial study performed pursuant to subsection H of this section, the commission may, after notice and a hearing, levy an additional assessment under subsection A of this section of up to one-half per cent to meet such liabilities. Any insurance carrier or employer who may be adversely affected by the additional assessment may at any time prior to the sixtieth day after such additional assessment is ordered file a complaint challenging the validity of the additional assessment in the superior court in Maricopa county for a judicial review of the additional assessment. On judicial review the determination of the commission shall be upheld if supported by substantial evidence in the record considered as a whole.

G. In the event the injured employee is awarded additional compensation, under the provisions of subsection A of this section, the commission retains jurisdiction to amend, alter or change the award upon a change in the physical condition of the injured employee resulting from the injury.

H. The commission shall cause an annual actuarial study of the special award fund to be made by a qualified actuary who is a member of the society of actuaries. The actuary shall make specific recommendations for maintaining the fund on a sound actuarial basis. The actuarial study shall be completed on or before September 1.

I. The special fund of the commission consists of all monies from premiums and assessments except penalties assessed pursuant to this chapter received and paid into the fund, property and securities acquired by the use of monies in the fund, interest earned on monies in the fund and other monies derived from the sale, use or lease of properties belonging to the fund. The special fund created by this section shall be administered by the director of the industrial commission, subject to the authority of the industrial commission. The director of the commission with approval of the investment committee may, in the administration of the special fund, provide loans, subject to repayment, budgetary review and legislative appropriation, to the administrative fund for the purposes and subject to the provisions of section 23-1081, acquire real property and acquire or construct a building or other improvements on the real property as may be necessary to house, contain, furnish, equip and maintain offices and space for departmental and operational facilities of the commission. The commission when using space constructed pursuant to this section shall make equal payments of rent on a semiannual basis which shall be deposited in the special fund. The investment committee shall determine the amount of the rent which must be at least equal to or greater than that determined by the joint committee on capital review for buildings of similar design and construction as provided by section 41-792.01.

J. There is established an investment committee consisting of the director and the chairman of the commission and three persons knowledgeable in investments and economics appointed by the governor. Of the members appointed by the governor, one shall be a professional in the investment business, one shall represent workers' compensation insurers, and one shall represent self-insurers. The term of members appointed by the governor is three years which shall begin on July 1 and end on June 30 three years later. The committee shall prescribe by rule investment policies and supervise the investment activities of the special fund.

K. Each member of the investment committee, other than the director of the commission, is eligible to receive from the special fund:

1. Compensation of fifty dollars for each day while in actual attendance at meetings of the investment committee.

2. Reimbursement for expenses pursuant to title 38, chapter 4, article 2.

L. The investment committee shall meet at least once every month.

M. The investment committee shall periodically review and assess the investment strategy.

N. The investment committee may, by resolution, invest and reinvest the surplus or reserves in the funds established under this chapter in any legal investments authorized under section 38-719.

O. In addition to the investments authorized under section 38-719, the investment committee may approve the investment in real property and improvements on real property to house and maintain offices of the commission, including spaces for its departmental and operational facilities. Title to the real estate and improvements on the real estate vests in the special fund of the commission, and the assets become part of the fund as provided by this section.

P. The investment committee may appoint a custodian for the safekeeping of all or any portion of the investments owned by the special fund of the commission and may register stocks, bonds and other investments in the name of a nominee. Except for investments held by a custodian or in the name of a nominee, all securities purchased pursuant to subsection N of this section shall promptly be deposited with the state treasurer as custodian thereof, who shall collect the dividends, interest and principal thereof, and pay, when collected, into the special fund. The state treasurer shall pay all vouchers drawn for the purchase of securities. The director may sell any of the securities as the director deems appropriate, if authorized by resolution of the investment committee, and the proceeds therefrom shall be payable to the state treasurer for the account of the special fund upon delivery of the securities to the purchaser or the purchaser's agent.

Sec. 11. Retroactivity

Section 23-1046, Arizona Revised Statutes, as amended by this act, applies retroactively to from and after February 28, 1999.

APPROVED BY THE GOVERNOR MAY 19, 1999.

FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 19, 1999.