Vande Krol v. Superstition/Benchmark - Opinion - Supreme Court of Arizona - March 26, 2025
- Christopher S. Norton, Esq.
- Mar 26
- 1 min read
Facts: Robert Vande Krol, a firefighter employed by Superstition Fire & Medical District, filed a workers' compensation claim in January 2021 for brain cancer diagnosed in October 2020. Benchmark Insurance, the insurer, denied the claim. Vande Krol argued that the 2021 statute, which eased the burden of proof for firefighters, should apply to his claim. The Administrative Law Judge (ALJ) applied the 2017 statute, which required proof of exposure to a known carcinogen, and denied the claim. The Court of Appeals reversed, applying the 2021 statute. The Supreme Court of Arizona reviewed the case.
Issue(s):
Which version of the statutory presumption applies to Vande Krol’s workers' compensation claim: the 2017 statute or the 2021 statute?
Does the 2021 statute apply retroactively to claims filed before its effective date?
Holding: The Supreme Court of Arizona held that the 2017 statute applies to Vande Krol’s workers' compensation claim. The 2021 statute does not apply retroactively because it does not contain an express declaration of retroactivity, and the substantive right of the employer and insurer vested at the time Vande Krol filed his claim.
Key Takeaways:
Statutes are presumed to apply prospectively unless expressly declared retroactive.
The substantive right of respondents in workers' compensation claims vests upon the filing of the claim, not at the time of adjudication.
The 2021 statute, which eased the burden of proof for firefighters, does not apply to claims filed before its effective date unless explicitly stated.
The court remanded the case to the Court of Appeals to determine whether the ALJ correctly interpreted and applied the 2017 statute to Vande Krol’s claim.
Read Full Decision: CV-23-0211-PR.pdf
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