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Panel backs cleanup to clarify firefighters' workers' compensation coverage when traveling
Summary
The committee returned HB2138 with a due-pass recommendation after testimony that the bill closes a statutory loophole that led to a denied claim for a Queen Creek firefighter and that a floor amendment will remove "county" from the definition to narrow scope.
The Arizona House Commerce Committee voted to return House Bill 2138 with a due-pass recommendation after testimony that the bill clarifies the statutory definition of "firefighter" so workers' compensation covers professional firefighters injured while traveling to or from work.
Assistant analyst Adelisari told the committee HB2138 "redefines the term firefighter to classify the firefighters eligible for workers' compensation when injured while traveling to or from the workplace." Heather Wilkie, representing the Town of Queen Creek, called the measure "a critical piece of cleanup legislation" and said the underlying statute lacked a definition, which led to a denied claim that created a dangerous precedent.
Declan Wall, a Queen Creek firefighter and president of the Queen Creek Firefighters Association, described the case of firefighter George Cyrus, who was struck by a vehicle while traveling to mandatory training and initially had his workers' compensation claim denied. Wall said the town later overturned the denial. "His claim was denied due to the insurance company exploiting a loophole in the language as it exists today," he said, and urged committee support.
Caitlin King of the County Supervisors Association said the association is neutral on the policy but asked that the word "county" be removed from the bill's definition because counties do not employ firefighters; sponsors indicated a floor amendment would make that change.
A motion to return HB2138 with a due-pass recommendation carried on a roll-call vote of 11-0. The committee recorded that technical issues with the RTS registration system had incorrectly shown opposition from some stakeholders and that stakeholders had discussed an amendment to refine the bill's language.
The committee action advances the cleanup bill toward the next stage of consideration; a floor amendment removing "county" from the definition was announced but not adopted in committee.
