first responders; post-traumatic stress disorder

HB2204 - 572R - I Ver

PREFILED��� JAN 09 2026

REFERENCE TITLE:
first responders; post-traumatic stress disorder

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2204

Introduced by

Representative
Bliss

AN
ACT

amending sections 23-901, 23-901.01,
23-901.04, 23-901.05, 23-901.09, 23-1061 and 23-1105,
Arizona Revised Statutes; amending title 23, chapter 6, article 12,
Arizona Revised Statutes, by adding section 23-1106; amending section 38-672,
Arizona Revised Statutes; repealing Laws 2016, chapter 240, section 2, as
amended by Laws 2022, chapter 377, section 2; relating to workers'
compensation.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 23-901, Arizona Revised
Statutes, is amended to read:

START_STATUTE
23-901.

Definitions

In this chapter, unless the context
otherwise requires:

1. "Award" means the finding or decision
of an administrative law judge or the commission as to the amount of
compensation or benefit due an injured employee or the dependents of a deceased
employee.

2. "Client" means an individual,
association, company, firm, partnership, corporation or any other legally
recognized entity that is subject to this chapter and that enters into a
professional employer agreement with a professional employer organization.

3. "Co-employee" means every person
employed by an injured employee's employer.

4. "Commission" means the industrial
commission of Arizona.

5. "Compensation" means the compensation
and benefits provided by this chapter.

6. "Employee", "workman",
"worker" and "operative" means:

(a) Every person in the service of this state or a
county, city, town, municipal corporation or school district, including regular
members of lawfully constituted police and fire departments of cities and towns,
whether by election, appointment or contract of hire.

(b) Every person in the service of any employer
subject to this chapter, including aliens and minors legally or illegally
allowed to work for hire, but not including a person whose employment is both:

(i) Casual.

(ii) Not in the usual course of the trade, business
or occupation of the employer.

(c) Lessees of mining
property and the lessees' employees and contractors engaged in the performance
of work that is a part of the business conducted by the lessor and over which
the lessor retains supervision or control are within the meaning of this
paragraph employees of the lessor, and are deemed to be drawing wages as are
usually paid employees for similar work. The lessor may deduct from
the proceeds of ores mined by the lessees the premium required by this chapter
to be paid for such employees.

(d) Regular members of volunteer fire departments
organized pursuant to title 48, chapter 5, article 1, regular firefighters of
any volunteer fire department, including private fire protection service
organizations, organized pursuant to title 10, chapters 24 through 40,
volunteer firefighters serving as members of a fire department of any
incorporated city or town or an unincorporated area without pay or without full
pay and on a part-time basis, and voluntary
policemen

peace officers
and volunteer firefighters serving in any
incorporated city, town or unincorporated area without pay or without full pay
and on a part-time basis, are deemed to be employees, but for the
purposes of this chapter, the basis for computing wages for premium payments
and compensation benefits for regular members of volunteer fire departments
organized pursuant to title 48, chapter 5, article 1, or organized pursuant to
title 10, chapters 24 through 40, regular members of any private fire
protection service organization, volunteer firefighters and volunteer
policemen

peace officers
of these
departments or organizations shall be the salary equal to the beginning salary
of the same rank or grade in the full-time service with the city, town,
volunteer fire department or private fire protection service organization,
provided if there is no full-time equivalent then the salary equivalent
shall be as determined by resolution of the governing body of the city, town or
volunteer fire department or corporation.

(e) Members of the department of public safety
reserve, organized pursuant to section 41-1715, are deemed to be
employees.� For the purposes of this chapter, the basis for computing wages for
premium payments and compensation benefits for a member of the department of
public safety reserve who is a peace officer shall be the salary received by
officers of the department of public safety for the officers' first month of
regular duty as an officer. For members of the department of public
safety reserve who are not peace officers, the basis for computing premiums and
compensation benefits is $400 a month.

(f) Any person placed in on-the-job
evaluation or in on-the-job training under the department of
economic security's temporary assistance for needy families program or
vocational rehabilitation program shall be deemed to be an employee of the
department for the purpose of coverage under the state workers' compensation
laws only. The basis for computing premium payments and compensation
benefits shall be $200 per month.� Any person receiving vocational
rehabilitation services under the department of economic security's vocational
rehabilitation program whose major evaluation or training activity is academic,
whether as an enrolled attending student or by correspondence, or who is
confined to a hospital or penal institution, shall not be deemed to be an employee
of the department for any purpose.

(g) Regular members of a volunteer sheriff's
reserve, which may be established by resolution of the county board of
supervisors, to assist the sheriff in the performance of the sheriff's official
duties.� A roster of the current members shall monthly be certified to the
clerk of the board of supervisors by the sheriff and shall not exceed the
maximum number authorized by the board of supervisors. Certified
members of an authorized volunteer sheriff's reserve shall be deemed to be employees
of the county for the purpose of coverage under the Arizona workers'
compensation laws and occupational disease disability laws and shall be
entitled to receive the benefits of these laws for any compensable injuries or
disabling conditions that arise out of and occur in the course of the
performance of duties authorized and directed by the sheriff.� Compensation
benefits and premium payments shall be based on the salary received by a
regular full-time deputy sheriff of the county involved for the first
month of regular patrol duty as an officer for each certified member of a
volunteer sheriff's reserve. This subdivision does not provide
compensation coverage for any member of a sheriff's posse who is not a
certified member of an authorized volunteer sheriff's reserve except as a
participant in a search and rescue mission or a search and rescue training
mission.

(h) A working member of a partnership may be deemed
to be an employee entitled to the benefits provided by this chapter on written
acceptance, by endorsement, at the discretion of the insurance carrier for the
partnership of an application for coverage by the working partner.� The basis
for computing premium payments and compensation benefits for the working
partner shall be an assumed average monthly wage of not less than $600 or more
than the maximum wage provided in section 23-1041 and is subject to the
discretionary approval of the insurance carrier. Any compensation
for permanent partial or permanent total disability payable to the partner is
computed on the lesser of the assumed monthly wage agreed to by the insurance
carrier on the acceptance of the application for coverage or the actual average
monthly wage received by the partner at the time of injury.

(i) The sole proprietor of a business subject to
this chapter may be deemed to be an employee entitled to the benefits provided
by this chapter on written acceptance, by endorsement, at the discretion of the
insurance carrier of an application for coverage by the sole proprietor.� The
basis for computing premium payments and compensation benefits for the sole
proprietor is an assumed average monthly wage of not less than $600 or more
than the maximum wage provided by section 23-1041 and is subject to the discretionary
approval of the insurance carrier. Any compensation for permanent
partial or permanent total disability payable to the sole proprietor shall be
computed on the lesser of the assumed monthly wage agreed to by the insurance
carrier on the acceptance of the application for coverage or the actual average
monthly wage received by the sole proprietor at the time of injury.

(j) A member of the Arizona national guard, Arizona
state guard or unorganized militia shall be deemed a state employee and
entitled to coverage under the Arizona workers' compensation law at all times
while the member is receiving the payment of the member's military salary from
this state under competent military orders or on order of the governor.�
Compensation benefits shall be based on the monthly military pay rate to which
the member is entitled at the time of injury, but not less than a salary of $400
per month or more than the maximum provided by the workers' compensation
law. Arizona compensation benefits shall not inure to a member
compensable under federal law.

(k) Certified ambulance drivers and attendants who
serve without pay or without full pay on a part-time basis are deemed to
be employees and entitled to the benefits provided by this chapter and the
basis for computing wages for premium payments and compensation benefits for
certified ambulance personnel shall be $400 per month.

(l) Volunteer workers of a licensed health care
institution may be deemed to be employees and entitled to the benefits provided
by this chapter on written acceptance by the insurance carrier of an
application by the health care institution for coverage of such volunteers.�
The basis for computing wages for premium payments and compensation benefits
for volunteers shall be $400 per month.

(m) Personnel who participate in a search or rescue
operation or a search or rescue training operation that carries a mission
identifier assigned by the division of emergency management as provided in
section 35-192.01 and who serve without compensation as volunteer state
employees.� The basis for computation of wages for premium purposes and
compensation benefits is the total volunteer man-hours recorded by the
division of emergency management in a given quarter multiplied by the amount
determined by the appropriate risk management formula.

(n) Personnel who participate in emergency
management training, exercises or drills that are duly enrolled or registered
with the division of emergency management or any political subdivision as
provided in section 26-314, subsection C and who serve without
compensation as volunteer state employees. The basis for computation
of wages for premium purposes and compensation benefits is the total volunteer
man-hours recorded by the division of emergency management or political
subdivision during a given training session, exercise or drill multiplied by
the amount determined by the appropriate risk management formula.

(o) Regular members of the Arizona game and fish
department reserve, organized pursuant to section 17-214.� The basis for
computing wages for premium payments and compensation benefits for a member of
the reserve is the salary received by game rangers and wildlife managers of the
Arizona game and fish department for the game rangers' and wildlife managers'
first month of regular duty.

(p) Every person employed pursuant to a professional
employer agreement.

(q) A working member of a limited liability company
who owns less than fifty percent of the membership interest in the limited
liability company.

(r) A working member of a limited liability company
who owns fifty percent or more of the membership interest in the limited
liability company may be deemed to be an employee entitled to the benefits
provided by this chapter on the written acceptance, by endorsement, of an
application for coverage by the working member at the discretion of the
insurance carrier for the limited liability company. The basis for
computing wages for premium payments and compensation benefits for the working
member is an assumed average monthly wage of $600 or more but not more than the
maximum wage provided in section 23-1041 and is subject to the
discretionary approval of the insurance carrier. Any compensation
for permanent partial or permanent total disability payable to the working
member is computed on the lesser of the assumed monthly wage agreed to by the
insurance carrier on the acceptance of the application for coverage or the
actual average monthly wage received by the working member at the time of
injury.

(s) A working shareholder of a corporation who owns
less than fifty percent of the beneficial interest in the corporation.

(t) A working shareholder of a corporation who owns
fifty percent or more of the beneficial interest in the corporation may be
deemed to be an employee entitled to the benefits provided by this chapter on
the written acceptance, by endorsement, of an application for coverage by the
working shareholder at the discretion of the insurance carrier for the
corporation. The basis for computing wages for premium payments and
compensation benefits for the working shareholder is an assumed average monthly
wage of $600 or more but not more than the maximum wage provided in section 23-1041
and is subject to the discretionary approval of the insurance
carrier. Any compensation for permanent partial or permanent total
disability payable to the working shareholder is computed on the lesser of the
assumed monthly wage agreed to by the insurance carrier on the acceptance of
the application for coverage or the actual average monthly wage received by the
working shareholder at the time of injury.

7. "First responder" means
an employee of this state or a political subdivision of this state who provides
emergency response services and includes any of the following:

(
a
) A peace
officer.

(
b
) A
firefighter as defined in section 9-500.47.

(
c
) A paramedic
as defined in section 36-2201.

(
d
) An
emergency medical care technician as defined in section 36-2201.

(
e
) A public
safety telecommunicator.

7.
8.
"General
order" means an order applied generally throughout this state to all
persons under jurisdiction of the commission.

8.
9.
"Heart-related
or perivascular injury, illness or death" means myocardial infarction,
coronary thrombosis or any other similar sudden, violent or acute process
involving the heart or perivascular system, or any death resulting therefrom,
and any weakness, disease or other condition of the heart or perivascular
system, or any death resulting therefrom.

9.
10.
"Insurance
carrier" means every insurance carrier duly authorized by the director of
the department of insurance and financial institutions to write workers'
compensation or occupational disease compensation insurance in this state.

10.
11.
"Interested
party" means the employer, the employee, or if the employee is deceased,
the employee's estate, the surviving spouse or dependents, the commission, the
insurance carrier, the third-party administrator or an authorized representative.

11.
12.
"Mental
injury, illness or condition" means any mental, emotional, psychotic or
neurotic injury, illness or condition.

12.
13.
"Order"
means and includes any rule, direction, requirement, standard, determination or
decision other than an award or a directive by the commission or an
administrative law judge relative to any entitlement to compensation benefits,
or to the amount of compensation benefits, and any procedural ruling relative
to the processing or adjudicating of a compensation matter.

13.
14.
"Personal
injury by accident arising out of and in the course of employment" means
any of the following:

(a) Personal injury by accident arising out of and
in the course of employment.

(b) An injury caused by the wilful act of a third
person directed against an employee because of the employee's employment, but
does not include a disease unless resulting from the injury.

(c) An occupational disease that is due to causes
and conditions characteristic of and peculiar to a particular trade,
occupation, process or employment, and not the ordinary diseases to which the
general public is exposed, and subject to
any of the following:

(
i
)
Section
23-901.01
.

or

(
ii
) section
23-901.09
.

or,

(
iii
)
For
heart-related, perivascular or pulmonary cases, section 23-1105.

(
iv
) For
post-traumatic stress disorder cases, section 23-1106.

15. "Public safety
TELECOMMUNICATOR":

(
a
) Means an
individual employed by a primary or secondary public safety emergency
communications center as the initial first RESPONDER whose primary
responsibility is to receive, process, transmit or dispatch emergency and
nonemergency calls for service by law enforcement, fire, emergency medical or
other public safety services through telephone, radio or another communications
device.

(
b
) Includes
any public safety answering point operations employee who meets the skill and
training requirements as required in this state and includes emergency
communications center employees, call handling employees, commuter aided
dispatch equipment employees or any other employee who assists the public
safety answering point operations, when needed.

14.
16.
"Professional
employer agreement" means a written contract between a client and a
professional employer organization:

(a) In which the professional employer organization
expressly agrees to co-employ all or a majority of the employees
providing services for the client. In determining whether the
professional employer organization employs all or a majority of the employees
of a client, any person employed pursuant to the terms of the professional
employer agreement after the initial placement of client employees on the
payroll of the professional employer organization shall be included.

(b) That is intended to be ongoing rather than
temporary in nature.

(c) In which employer responsibilities for worksite
employees, including hiring, firing and disciplining, are expressly allocated
between the professional employer organization and the client in the agreement.

15.
17.
"Professional
employer organization" means any person engaged in the business of
providing professional employer services. Professional employer organization
does not include a temporary help firm or an employment agency.

16.
18.
"Professional
employer services" means the service of entering into co-employment
relationships under this chapter to which all or a majority of the employees
providing services to a client or to a division or work unit of a client are
covered employees.

17.
19.
"Serve"
or "service" means either:

(a) Mailing to the last known address of the
receiving party.

(b) Transmitting by electronic transmission

in a manner reasonably calculated to achieve effective
notice unless the receiving party opts out by providing written notice to the
other party.

18.
20.
"Special
order" means an order other than a general order.

19.
21.
"Weakness,
disease or other condition of the heart or perivascular system" means
arteriosclerotic heart disease, cerebral vascular disease, peripheral vascular
disease, cardiovascular disease, angina pectoris, congestive heart trouble,
coronary insufficiency, ischemia and all other similar weaknesses, diseases and
conditions, and also previous episodes or instances of myocardial infarction,
coronary thrombosis or any similar sudden, violent or acute process involving
the heart or perivascular system.

20.
22.
"Workers'
compensation" means workmen's compensation as used in article XVIII,
section 8, Constitution of Arizona.
END_STATUTE

Sec. 2. Section 23-901.01, Arizona Revised
Statutes, is amended to read:

START_STATUTE
23-901.01.

Occupational disease; proximate causation; presumption;
definition

A. The occupational diseases as defined by section
23-901, paragraph
13

14
,
subdivision (c) shall be deemed to arise out of the employment only if all of
the following six requirements exist:

1. There is a direct causal connection between the
conditions under which the work is performed and the occupational disease.

2. The disease can be seen to have followed as a
natural incident of the work as a result of the exposure occasioned by the
nature of the employment.

3. The disease can be fairly traced to the
employment as the proximate cause.

4. The disease does not come from a hazard to which
workers would have been equally exposed outside of the employment.

5. The disease is incidental to the character of the
business and not independent of the relation of employer and employee.

6. The disease after its contraction appears to have
had its origin in a risk connected with the employment, and to have flowed from
that source as a natural consequence, although it need not have been foreseen
or expected.

B. Notwithstanding subsection A of this section and
section 23-1043.01, any disease, infirmity or impairment of a peace
officer's health that is caused by brain, bladder, rectal or colon cancer,
lymphoma, leukemia or adenocarcinoma or mesothelioma of the respiratory tract
and that results in disability or death is presumed to be an occupational
disease as defined in section 23-901, paragraph
13

14
, subdivision (c) and is deemed to arise out of employment.�

C. The presumption provided in subsection B of this
section is granted if all of the following apply:

1. The peace officer passed a physical examination
before employment and the examination did not indicate evidence of cancer.

2. The peace officer was assigned to hazardous duty
for at least five years.

D. Subsection B of this section applies to both of
the following:

1. Peace officers currently in service.

2. Former peace officers who are sixty-five
years of age or younger and who are diagnosed with a cancer that is listed in
subsection B of this section not more than fifteen years after the peace
officer's last date of employment as a peace officer.

E. Subsection B of this section does not apply to
cancers of the respiratory tract if there is evidence that the peace officer's
exposure to cigarettes or tobacco products outside of the scope of the peace
officer's official duties is a substantial contributing cause in the
development of the cancer.

F. The presumption provided in subsection B of this
section may be rebutted by clear and convincing evidence that there is a
specific cause of the cancer other than an occupational exposure to a
carcinogen as defined by the international agency for research on cancer.

G. For the purposes of this section, "peace
officer" means a full-time peace officer who was regularly assigned
to hazardous duty as a part of a special operations, special weapons and
tactics, explosive ordinance disposal or hazardous materials response unit.
END_STATUTE

Sec. 3. Section 23-901.04, Arizona Revised
Statutes, is amended to read:

START_STATUTE
23-901.04.

Compensation precluded by misconduct, self-exposure or
disobedience of orders of commission; definition

A. Notwithstanding any other provision of this
chapter,
no

an
employee or dependent
of an employee
shall be

is not
entitled
to receive compensation for disability from an occupational disease, as defined
by section 23-901, paragraph
13

14
,
subdivision (c), when such disability was caused either wholly or partly by the
wilful misconduct, wilful self-exposure or disobedience to
such

reasonable rules and regulations adopted by the employer and
which
that
have been and are kept posted in conspicuous places in
and about the premises of the employer, or otherwise brought to the attention
of the employee.

B. As used in this section the term "wilful
self-exposure" includes:

1. Failure or omission on the part of an employee or
applicant for employment truthfully to state in writing to the best of
his

the employee's or applicant's
knowledge
in answer to an inquiry made by the employer, the place, duration and nature of
previous employment.

2. Failure or omission on the part of an applicant
for employment truthfully to state in writing to the best of
his

the applicant's
knowledge in answer to an inquiry made by
the employer, whether or not
he

the
applicant
had previously been a person with a disability, laid off or
compensated in damages or otherwise because of any physical disability.

3. Failure or omission on the part of an employee or
applicant for employment truthfully to give in writing to the best of
his

the employee's or applicant's

knowledge in answer to an inquiry made by the employer, full information about
the previous status of his health, previous medical and hospital attention and
direct and continuous exposure to active pulmonary tuberculosis.
END_STATUTE

Sec. 4. Section 23-901.05, Arizona Revised
Statutes, is amended to read:

START_STATUTE
23-901.05.

Occupational disease aggravated by other disease or other disease
aggravated by occupational disease; effect on compensation

Where an occupational disease, as defined by section 23-901,
paragraph
13

14
, subdivision (c), is
aggravated by any other disease or infirmity not itself compensable, or where
disability or death from any other cause not itself compensable is aggravated,
prolonged, accelerated or in anywise contributed to by an occupational disease,
the compensation payable under this chapter shall be reduced and limited to
such

a
proportion only of the compensation
that would be payable if the occupational disease were the sole cause of the
disability or death, as
such

the
occupational
disease as a causative factor bears to all the causes of
such

the
disability or death.
END_STATUTE

Sec. 5. Section 23-901.09, Arizona Revised
Statutes, is amended to read:

START_STATUTE
23-901.09.

Presumption; cancers; firefighters and fire investigators;
applicability; definitions

A. Notwithstanding section 23-901.01,
subsection A and section 23-1043.01:

1. Any disease, infirmity or impairment of a
firefighter's or fire investigator's health that is caused by brain, bladder,
rectal or colon cancer, lymphoma, leukemia or adenocarcinoma or mesothelioma of
the respiratory tract and that results in disability or death is presumed to be
an occupational disease as defined in section 23-901, paragraph
13

14
, subdivision (c) and is deemed to
arise out of employment.

2. Any disease, infirmity or impairment of a
firefighter's or fire investigator's health that is caused by buccal cavity,
pharynx, esophagus, large intestine, lung, kidney, prostate, skin, stomach,
ovarian, breast or testicular cancer or non-Hodgkin's lymphoma, multiple
myeloma or malignant melanoma and that results in disability or death is
presumed to be an occupational disease as defined in section 23-901,
paragraph
13

14
, subdivision (c) and
is deemed to arise out of employment.

B. The presumptions provided in subsection A of this
section are granted if all of the following apply:

1. The firefighter or fire investigator passed a
physical examination before employment and the examination did not indicate
evidence of cancer.

2. The firefighter or fire investigator was assigned
to hazardous duty for at least five years.

3. For the presumption provided in subsection A,
paragraph 2 of this section and for firefighters only, the firefighter received
a physical examination that is reasonably aligned with the national fire
protection association standard on comprehensive occupational medical program
for fire departments (NFPA 1582).

C. Subsection A of this section applies to both of
the following:

1. Firefighters or fire investigators currently in
service.

2. Former firefighters or fire investigators who are
sixty-five years of age or younger and who are diagnosed with a cancer
that is listed in subsection A of this section not more than fifteen years
after the firefighter's or fire investigator's last date of employment as a
firefighter or fire investigator.

D. Subsection A of this section does not apply to
cancers of the respiratory tract if there is evidence that the firefighter's or
fire investigator's exposure to cigarettes or tobacco products outside of the
scope of the firefighter's or fire investigator's official duties is a
substantial contributing cause in the development of the cancer.

E. The presumption provided in subsection A of this
section may be rebutted by clear and convincing evidence that there is a
specific cause of the cancer other than an occupational exposure to a
carcinogen as defined by the international agency for research on cancer.

F. For the purposes of this section:

1. "Firefighter" means a full-time
firefighter who was regularly assigned to hazardous duty.

2. "Fire investigator" means a person who
is employed full time by a municipality or fire district and who is trained in
the process of and responsible for determining the origin, cause and
development of a fire or explosion.
END_STATUTE

Sec. 6. Section 23-1061, Arizona Revised Statutes,
is amended to read:

START_STATUTE
23-1061.

Notice of accident; form of notice; claim for compensation;
reopening; payment of compensation; notification of injury

A. Notwithstanding section 23-908, subsection
E,
no

a
claim for compensation
shall be

is not
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 the claimant has sustained a compensable injury
,
except for an employee who currently RECEIVES licensed counseling, that
employee has one year after the date of the last licensed counseling visit to
file a claim
.

Except as provided in
subsection B or N of this section,
neither
the commission
nor any

or a
court
shall

does not
have jurisdiction to consider a claim that 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

is
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 on the termination of insanity or legal
incompetence or incapacity.� The commission on receiving a claim shall give
notice to the insurance carrier.
For the purposes of
this subsection, "licensed counseling" has the same meaning
prescribed in section 38-672.�

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 section 23-908 shall not bar a claim if the insurance
carrier or employer has commenced payment of compensation benefits under
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 the employer's 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 serve on the commission and the employee any denial of a
claim, any change in the amount of compensation and the termination of
compensation, except that claims for medical, surgical and hospital benefits
that 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
insurance carrier or self-insuring employer shall promptly determine the
average monthly wage pursuant to section 23-1041. Within
thirty days after the payment of the first installment of compensation, the
insurance 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 then make its own
independent determination of the average monthly wage pursuant to section 23-1041.�
The commission, within thirty days after receipt of such notice, shall notify
the employee, employer and insurance 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. On a claim that has been previously accepted, an
employee may reopen the claim to secure an increase or rearrangement of
compensation or additional benefits by filing with the commission a petition
requesting the reopening of the employee's claim on 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 if the initial claim for compensation was previously
denied by a notice of claim status or determination by the commission and the
notice or determination was allowed to become final and no exception applies
under section 23-947 excusing a late filing to request a hearing.� 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 before
the date that the petition to reopen is filed. The payment for
such

the
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

the
expenses are incurred
within fifteen days before the filing of the petition to
reopen. Surgical benefits are not payable for any period before the
date of filing a petition to reopen, except that surgical benefits are payable
for a period before 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 before the surgery. No monetary compensation is
payable for any period before the date of filing the petition to reopen.

I. On 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

the
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. Any claim for temporary
partial disability benefits under this subsection must be filed with the
commission within two years after the date the claimed entitlement to
compensation accrued or within two years after the date on which an award for
benefits encompassing the entitlement period becomes final.� A claim for
temporary partial disability compensation shall be deemed to accrue when the
employee knew or with the exercise of reasonable diligence should have known
that the insurance carrier, self-insured employer or special fund denied
or improperly paid compensation. A claim for temporary partial
disability benefits shall not be deemed to have accrued any earlier than
September 26, 2008
October 6, 2024
.

K. When there is a dispute as to which employer or
insurance carrier is liable for the payment of a compensable claim, the
commission, by order, may designate the employer or insurance carrier that
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 among the parties or
insurance carriers involved.

L. On 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 on application and good cause
shown, the commission may direct that a document filed as a petition to reopen
be designated as 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 after the date the insurance carrier is notified by the commission of a
claim or of a petition to reopen, the insurance carrier shall pay immediately
compensation as if the claim were accepted, from the date the insurance carrier
is notified by the commission of a claim or petition to reopen until the date
on which the insurance carrier issues a notice of claim status denying such claim.�
Compensation includes medical, surgical and hospital benefits. This
section
shall

does
not apply to
cases involving seven days or less of time lost from work.

N. If an insurance carrier or self-insured employer
receives written notification of an injury from an employee who was injured and
intends to file a claim for compensation, the insurance carrier or self-insured
employer must forward the written notification of the injury and intended claim
for compensation to the commission within seven business days and inform the
employee of the employee's requirement to file a claim with the commission.�
The one-year period as prescribed in subsection A of this section is
suspended from the date the insurance carrier or self-insured employer received
written notification of the injury and intended claim for compensation until
the date that the insurance carrier or self-insured employer forwards the
written notification to the commission. When the commission receives
such notification, the commission must notify the employee of the employee's
responsibility to file a claim with the commission pursuant to this section.
END_STATUTE

Sec. 7. Section 23-1105, Arizona Revised Statutes, is amended to read:

START_STATUTE
23-1105.

Heart-related, perivascular and pulmonary cases; firefighters;
presumption; definition

A. A heart-related, perivascular or pulmonary
injury, illness or death of a firefighter is presumed to be an occupational
disease as defined in section 23-901, paragraph
13

14
, subdivision (c), compensable pursuant to section 23-1043.01
and deemed to arise out of employment if all of the following apply:

1. The firefighter passed a physical examination
before employment and the examination did not indicate evidence of
heart-related, perivascular or pulmonary injury or illness.

2. The firefighter received a physical examination
that is reasonably aligned with the national fire protection association
standard on comprehensive occupational medical program for fire departments
(NFPA 1582).

3. The firefighter was exposed to a known event and
the heart-related, perivascular or pulmonary injury, illness or death
occurred within twenty-four hours after the exposure and was reasonably
related to the exposure.

B. The presumption provided in subsection A of this
section may be rebutted by a preponderance of the evidence that there is a
specific cause of the heart-related, perivascular or pulmonary injury,
illness or death other than the employment.

C. Subsection A of this section does not apply if
there is evidence that the firefighter's exposure to cigarettes or tobacco
products outside the scope of the firefighter's official duties is a
substantial contributing cause in the development of the heart-related,
perivascular or pulmonary injury, illness or death.

D. For the purposes of this section,
"firefighter" means a firefighter or volunteer firefighter as
described in section 23-901, paragraph 6, subdivision (d).
END_STATUTE

Sec. 8. Title 23, chapter 6, article 12,
Arizona Revised Statutes, is amended by adding section 23-1106, to read:

START_STATUTE
23-1106.

Post-traumatic stress disorder; first responders;
presumption; definition

A. Post-traumatic stress
disorder:

1. Is presumed to be an occupational
disease as defined in section 23-901, paragraph 14, subdivision (
c
).

2. Is compensable pursuant to section
23-1043.01.

3. Is deemed to arise out of and in
the course of employment, if both of the following apply:

(
a
) The first
responder currently receives or has received licensed counseling pursuant to
section 38-672.

(
b
) A licensed
mental health professional diagnosed the first responder with post-traumatic
stress disorder due to performance of service-related job duties.

B. The presumption provided in
subsection A of this section may be rebutted by a preponderance of the evidence
that there is a specific cause of the post-traumatic stress disorder
other than the employment.

C. For the purposes of this section,
"first responder" means a public safety employee who is eligible to
receive licensed counseling as prescribed in section 38-672.
END_STATUTE

Sec. 9. Section 38-672, Arizona Revised
Statutes, is amended to read:

START_STATUTE
38-672.

Traumatic event counseling for public safety employees; report;
exceptions; definitions

A. Notwithstanding any other law, this state or a
political subdivision of this state shall establish a program to provide public
safety employees who are exposed to any one of the following events while in
the course of duty up to twelve visits of licensed counseling, which may be
provided through telehealth, paid for by the employer:

1. In the case of any public safety
employee:

1.

(
a
)

Visually or audibly

Witnessing
through audio or visual observation
the death
or maiming or
visually or audibly witnessing
the immediate
aftermath of
such
a death or maiming of one or more human
beings.

2.

(
b
)
Responding to or being directly involved in a
criminal investigation of an offense involving a dangerous crime against
children as defined in section 13-705.

3.

(
c
)
Requiring rescue in the line of duty where one's
life was endangered.

(
d
) Using
deadly force or being subjected to deadly force in the course of duty,
regardless of whether the public safety employee was physically injured.

(
e
) Witnessing
the death of another public safety employee through audio or visual observation
while engaged in the course of duty.

2. In the case of a firefighter or
peace officer, being exposed to a psychologically traumatic event or series of
psychologically traumatic events in the course of the firefighter's or peace
officer's employment.

B. If the licensed Mental health
professional determines that the public safety telecommunicator needs
additional visits of licensed counseling beyond what a public safety employee
is entitled to under subsection A of this section, the employer shall pay for
up to an additional thirty-six visits.

C. An employer may not:

1. Require a PUBLIC safety
telecommunicator who is receiving licensed counseling pursuant to this section
and who has not filed a claim for workers' compensation to undergo an
independent medical examination.

2. Require a public safety
telecommunicator who is RECEIVING licensed counseling pursuant to this section
to use the public safety employee's accrued paid vacation, personal leave or
sick leave if the public safety employee leaves work to receive treatment
pursuant to this section.

D. If the licensed mental health
professional determines that the public safety telecommunicator is not fit to
return to work while the public safety telecommunicator currently receives
licensed counseling pursuant to this section, the licensed mental health
professional shall notify the employer and the employer shall continue to
provide the public safety telecommunicator with the same pay and benefits that
the public safety telecommunicator RECEIVED before starting licensed
counseling.

E. An employer shall allow a public
safety telecommunicator to select the public safety telecommunicator's own
licensed mental health professional, except that if a licensed mental health
professional declines to provide licensed counseling pursuant to this section,
the employer is not required to secure the services of that licensed mental
health professional.� The employer must pay the licensed mental health
professional pursuant to the schedule of fees that is fixed by the industrial
commission of arizona pursuant to section 23-908.

B.

F.

Except as provided in section 23-1106,
payment by the
employer for licensed counseling pursuant to this section does not create a
presumption that a claim is compensable under section 23-1043.01,
subsection B.

C.

G.
For
each program established pursuant to this section, this state and each
political subdivision of this state shall compile the following data:

1. The total number of public safety employees who
have participated in the program.

2. The average number of visits per public safety
employee.

3. The average number of months that a public safety
employee participated in the program.

4. The average number of days that a public safety
employee who participated in the program missed work.

5. The total number of public safety employees who
participated in the program and who subsequently filed a workers' compensation
claim and the number of those claims that were approved and the number of those
claims that were denied.

6. For each employer, the total amount of work
missed by public safety employees who participated in the program and how
missed work was provided for by the employer or through employee benefits.

D.

H.
On
or before September 1 of each year, this state and each political subdivision
of this state shall submit the data collected pursuant to subsection
C
g
of this section to the
department of administration.� On or before October 1 of each year, the
department of administration shall compile the data into a report and submit
the report to the governor, the president of the senate, the speaker of the
house of representatives, the chairperson of the senate health and human
services committee, or its successor committee, the chairperson of the house of
representatives health and human services committee, or its successor
committee, the chairperson of the senate military affairs, public safety and
border security committee, or its successor committee, and the chairperson of
the house of representatives military affairs and public safety committee, or
its successor committee, and shall provide a copy of this report to the
secretary of state.� Subsection
C
g
of
this section and this subsection do not authorize this state or a political
subdivision of this state to compile and report data that is protected under
the health insurance portability and accountability act of 1996 (P.L. 104-191;
110 Stat. 1936).

E.

I.
This
section does not apply to a state employer that provides a program to its
public safety employees that is characterized by all of the following:

1. The program is paid for by the employer.

2. The program provides licensed counseling for any
issue. For licensed counseling related to trauma experienced while
in the line of duty, the licensed counseling is provided on the request of the
public safety employee and is in person.

3. Before July 1,
2017
2026
, the program offers at least six visits per year.

4. On or after July 1,
2017
2026
, the program offers at least twelve visits per year.

F.

J.
For
the purposes of this section:

1. "Licensed counseling" means counseling
provided by a licensed mental health professional.

2. "Licensed mental health professional"
means a licensed individual who specializes in trauma and crisis, who uses
evidence-based treatment options and who is one of the following:

(a) A psychiatrist who is licensed pursuant to title
32, chapter 13 or 17.

(b) A psychologist who is licensed pursuant to title
32, chapter 19.1.

(c) A mental health professional who is licensed
pursuant to title 32, chapter 33 and who holds either a master's or
doctoral degree related to the mental health profession.

(d) A mental health nurse practitioner or a
psychiatric clinical nurse specialist who is licensed pursuant to title 32,
chapter 15.

(e) A physician assistant who is licensed pursuant
to title 32, chapter 25.

3. "Public
safety employee"
:

(a)
means:

(i)

(
a
)

Except as
prescribed in subdivision (b) of this paragraph,
An individual who is a
member of the public safety personnel retirement system or the corrections
officer retirement plan.

(ii)

(
b
)

Except as prescribed in subdivision
(b) of this paragraph,
A probation officer, surveillance officer or
juvenile detention officer who is employed by this state or a political
subdivision of this state.

(iii)

(
c
)

Except as prescribed in subdivision
(b) of this paragraph,
A 911 dispatcher in a primary or secondary public
safety answering point
or a public safety telecommunicator
.

(b) Does not include peace officers or
firefighters.

4. "public safety
telecommunicator" has the same meaning prescribed in section 23-901.

END_STATUTE

Sec. 10.
Repeal

Laws 2016, chapter 240, section 2, as
amended by Laws 2022, chapter 377, section 2, is repealed.

Sec. 11.
Short title

This act may be cited as the
"Officer Craig Tiger Act".