The Arizona Supreme Court has ruled that the 2017 workers' compensation law applies to firefighter Robert Vande Krol’s benefits claim, not the revised 2021 law. Vande Krol, diagnosed with a rare brain cancer in 2020, filed his claim in January 2021, before the updated law took effect, according to the Arizona Supreme Court.
An Arizona firefighter’s compensation case depends on which law applies. In 2021, Arizona updated its laws to make it easier for firefighters with certain medical conditions to receive benefits, presuming their illness was job-related if they provided specific evidence. However, the new law took effect nearly a year after firefighter Vande Krol’s diagnosis and eight months after he filed his claim, raising questions about whether it applies to his case, as reported by the Arizona Supreme Court.
The Arizona Supreme Court ruled that new laws are not retroactive unless explicitly stated, deciding that Vande Krol's case will be reviewed under the 2017 law in place when he filed his claim. The case returns to the Court of Appeals for further review. Justice Kathryn King wrote the majority opinion, joined by Chief Justice Ann Timmer, Vice Chief Justice John Lopez, and Justices Clint Bolick, James Beene, and Robert Brutinel. Justice William Montgomery dissented.
