Summary
This Arizona Supreme Court opinion determines whether a 2021 amendment to the state's workers' compensation statute, which established a favorable statutory presumption for firefighters claiming occupational cancers, applies retroactively to claims filed before its effective date. The court concluded that the 2021 statute lacks an express legislative declaration of retroactivity and alters substantive rights that vested when the claim was originally filed, meaning the prior 2017 statutory framework governs. Accordingly, the court vacated the Court of Appeals' judgment and remanded the case for proceedings consistent with the 2017 statute.
Topics
Practice areas
Questions Presented
- Whether A.R.S. §23-901.09 (2021 amendment) applies retroactively to a workers' compensation claim filed before its effective date.
- Whether the statutory presumption created by the 2021 amendment is procedural or substantive in nature.
Holdings
- The 2021 amendment does not apply retroactively; the 2017 statutory presumption governs the claim.
- The presumption is substantive because it creates and defines a right to workers' compensation benefits.
Key quotations
“We hold that the 2017 statute applies to Vande Krol’s workers’ compensation claim.” (at 61)
“The presumption in the 2021 statute substantially defines and regulates a firefighter’s right to workers' compensation benefits for certain enumerated diseases, infirmities, and impairments.” (at 40)
Factual background
Robert Vande Krol worked as a firefighter for Superstition Fire & Medical from 2002 to 2020, was exposed to smoke, soot, and firefighting foam, and was diagnosed with oligodendroglioma (brain cancer) in October 2020. He filed a workers' compensation claim in January 2021 identifying the injury date as October 28, 2020. Benchmark Insurance, the employer’s carrier, denied the claim.
Procedural history
Vande Krol filed a workers' compensation claim in Jan. 2021. The ALJ denied the claim under the 2017 statutory presumption. The ALJ’s decision was affirmed. The Court of Appeals reversed, holding that the 2021 amendment applied retroactively. The Supreme Court reviewed and vacated that decision.
Remand instructions
Remand to the Court of Appeals to determine whether the ALJ correctly interpreted and applied the 2017 statutory presumption.