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AZ SCR1042
Concurrent Resolution
Status
2/1/2010
Primary Sponsor
Debbie McCune-Davis
Click for details
AI Summary
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Proposes a constitutional amendment to Article XVIII, Section 8 of the Arizona Constitution relating to workers' compensation law.
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Allows employees injured through intentional acts by employers (with direct object of injuring the worker and willful disregard for safety) to sue for personal injury damages in addition to receiving workers' compensation, with a two-year statute of limitations.
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Establishes that the insurance carrier or liable party has a lien on total recovery from such lawsuits, except for reasonable and necessary expenses and attorney fees, to the extent workers' compensation and medical benefits are paid.
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Defines "with the direct object of injuring another" to require that the employer committed an intentional act or omission without just cause, should have expected injury, and that act proximately caused the worker's injury.
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Requires the Secretary of State to submit this proposition to voters at the next general election.
Legislative Description
Workers' comp; personal injury damages
Last Action
Referred to Senate CED Committee
2/2/2010