Magnifying Glass
Back to Workers' Compensation Daily Headlines

Do You Know the Rule? Ariz. Appointment of Guardian Ad Litem for Minor or Incapacitated Claimant

01 Nov, 2023 Frank Ferreri

                               

Phoenix, AZ (WorkersCompensation.com) -- In Arizona, when it appears that a workers' compensation claimant is a minor or incapacitated person, the commission may appoint a guardian ad litem to represent the best interests of the minor or incapacitated person.

The following information breaks down how the procedure for doing so works in Arizona.

Bond Requirement. If required by the commission, the guardian ad litem shall give bond in the form and character required by law from a guardian ad litem appointed by the superior court, and for the amount that the commission determines.

Bond Approval. The bond must be approved by the commission, and the guardian ad litem won't be discharged from liability until the guardian ad litem files an account with the commission or with the superior court in the county in which the minor or incapacitated person resides and until the account, after due notice, is approved.

Compensation. The guardian ad litem shall receive compensation for the guardian ad litem's services as is fixed and allowed by the commission or by the superior court.

Workers' Comp 101: In Weaver v. Martori, 208 P.2d 652 (Ariz. 1949), the guardian ad litem for an injured minor employee couldn't prevent the minor for filing a claim for workers' compensation because the rule in place established that a guardian ad litem could not may an election for a minor without the consent of the court, and the court had not given such consent.

  • arizona california case management case management focus claims cms compensability compliance courts covid do you know the rule exclusive remedy florida FMLA glossary check Healthcare health care iowa leadership medical medicare minnesota NCCI new jersey new york ohio opioids osha pennsylvania Safety state info technology tennessee texas violence virginia WDYT west virginia what do you think women's history month workers' comp 101 workers' recovery workers' compensation contact information Workplace Safety Workplace Violence

    • Read Also

    Compliance Corner: N.Y. Hearings, Section 32 Waivers

    Albany, NY (WorkersCompensation.com) — Insurers will often accept a claim and promptly begin paying benefits. However, an insurer can dispute a claim for various reasons. It may not agree that the employee was injured, it may […]
    Case Management Focus: It’s National Nurses Week — Celebrating Nurses!

    Sarasota, FL (WorkersCompensation.com) — The American Nurses Association celebrates National Nurses Week 2024, May 6 – May 12, and throughout May. This year’s theme, “Nurses Make the Difference,” honors the incredible nurses who embody the […]
    Pa. Top Court will Consider Cannabis, Lower Court found it Covered under Comp Act

    Harrisburg, PA (WorkersCompensation.com) — Last week, the Supreme Court of Pennsylvania granted a Petition for Allowance of Appeal in Schmidt v. Schmidt, Kirifides and Rassias, PC, 2024 WL 1873090 (Pa. 04/30/24). When the case comes […]

    About The Author

    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law.

    More by This Author

    Compliance Corner: N.Y. Hearings, Section 32 Waivers

    Albany, NY (WorkersCompensation.com) — Insurers will often accept a claim and promptly begin paying benefits. However, an insurer can dispute a claim for various reasons. It may not agree that the employee was injured, it may […]
    Pa. Top Court will Consider Cannabis, Lower Court found it Covered under Comp Act

    Harrisburg, PA (WorkersCompensation.com) — Last week, the Supreme Court of Pennsylvania granted a Petition for Allowance of Appeal in Schmidt v. Schmidt, Kirifides and Rassias, PC, 2024 WL 1873090 (Pa. 04/30/24). When the case comes […]
    Compliance Corner: Tenn. Death Benefits

    Gallatin, TN (WorkersCompensation.com) — When it comes to death benefits under Tennessee workers’ compensation law, who’s entitled? The following breaks down who may claim benefits when a worker dies. Persons Wholly Dependent. Under Tennessee law, […]

    Read More

    Compliance Corner: N.Y. Hearings, Section 32 Waivers

    Albany, NY (WorkersCompensation.com) — Insurers will often accept a claim and promptly begin paying benefits. However, an insurer can dispute a claim for various reasons. It may not agree that the employee was injured, it may […]
    Case Management Focus: It’s National Nurses Week — Celebrating Nurses!

    Sarasota, FL (WorkersCompensation.com) — The American Nurses Association celebrates National Nurses Week 2024, May 6 – May 12, and throughout May. This year’s theme, “Nurses Make the Difference,” honors the incredible nurses who embody the […]
    Pa. Top Court will Consider Cannabis, Lower Court found it Covered under Comp Act

    Harrisburg, PA (WorkersCompensation.com) — Last week, the Supreme Court of Pennsylvania granted a Petition for Allowance of Appeal in Schmidt v. Schmidt, Kirifides and Rassias, PC, 2024 WL 1873090 (Pa. 04/30/24). When the case comes […]
    Compliance Corner: Tenn. Death Benefits

    Gallatin, TN (WorkersCompensation.com) — When it comes to death benefits under Tennessee workers’ compensation law, who’s entitled? The following breaks down who may claim benefits when a worker dies. Persons Wholly Dependent. Under Tennessee law, […]
    Home Care Agency Cited after Nurse death as Assaults on Health Care Workers Continue

    Willimantic, CT (WorkersCompensation.com) – On Wednesday, the U.S. Occupational Safety and Health Administration (OSHA) cited a home care agency in Connecticut in the death of a licensed practical nurse as attacks on health care workers […]
    Denial of Shot Employee’s Comp Claim Opens Door to Tort Suit Against Pepsi

    Medley, FL (WorkersCompensation.com) – Before denying a claim on the basis that it isn’t work-related, an employer should carefully consider the potential risks of doing so. One of those risks for Florida employers is that, […]

    Request a Demo

    To request a free demo of one of our products, please fill in this form. Our sales team will get back to you shortly.