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Commerce Committee backs HB 2033 to allow electronic service in workers' compensation proceedings
Summary
The committee recommended HB 2033, which places electronic transmission on the same footing as U.S. mail for workers' compensation service unless a party opts out. Supporters said the change reflects current practice and improves verifiability of notices.
The Arizona House Commerce Committee gave House Bill 2033 a due-pass recommendation after testimony from committee staff, the bill sponsor and industry witnesses.
HB 2033 would modify the definition of "serve" or "service" in the workers' compensation statutes to include electronic transmission "in a manner reasonably calculated to achieve effective service" unless the receiving party provides written notice to opt out. Sponsor Representative Jeff Livingston said the measure "allows consumers to opt in or opt out of electronic transfers of information to them" and that the bill does not force electronic delivery on anyone who prefers mailed notice.
Mark Kendall of CopperPoint Insurance testified in support and said the change mirrors current practice among workers' compensation attorneys and carriers. He said electronic transmission provides an auditable record that can help resolve disputes — for example, whether an injured worker received a notice of hearing — and noted that the Industrial Commission and carriers already commonly exchange filings electronically. Committee members asked whether electronic transmissions can be verified and whether messages can be lost to spam; supporters acknowledged each method (mail or email) has pros and cons but asserted that establishing parity with mail reflects how the system currently operates.
Vice Chair Representative Michael Way moved the due-pass recommendation; the committee recorded a roll-call vote of 10 ayes, 0 nays. The committee clerk announced HB 2033 received a due-pass recommendation and will proceed to the House calendar.
