8.2.1 Death Benefit Claims

• Jurisdiction: Arizona

. Surviving spouses, children, parents, or siblings may be eligible to receive a “death compensation benefit” consisting of a specified percent of the deceased employee’s average monthly wage. The benefit is payable monthly in an amount and for a period fixed by statute.^[2]

An employer must immediately report the accidental death of an employee to the Industrial Commission by telephone or telegram.^[3] The Industrial Commission will establish a record of the fatality and provide the decedent’s estate with a claim form soliciting all information necessary to enable the responsible carrier or self-insuring employer to determine whether the claim is payable including, when applicable, birth certificates, death certificates, marriage licenses, and divorce decrees.^[4] The Industrial Commission will notify the responsible carrier or self-insuring employer of the claim within ten days.^[5]

The Industrial Commission may order an autopsy at the request of an interested party.^[6] The cost of the autopsy must be borne by the party who requested it.^[7] The Industrial Commission will suspend proceedings if a claimant refuses to permit the autopsy to take place.^[8]

For claimants under the age of 18, the Industrial Commission may appoint a guardian ad litem.^[9] The appointment is made informally by the guardian signing a simple consent form.^[10] The Industrial Commission may also order that benefits payable to a minor be placed in trust.^[11]

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^[2]Arizona Revised Statutes Annotated § 23-1046 (1983 & Supp. 1991) [hereinafter cited as A.R.S.].

^[3]Arizona Administrative Code R4-13-110 (1991) [hereinafter cited as A.A.C.]. The form used to report a fatality is found in Appendix D.

^[4]A.R.S. § 23-1061 (C) (Supp. 1991); Procedures Manual, Claims Division, Industrial Commission of Arizona (1st ed. 1990) [hereinafter...