Aranda v. Industrial Commission of Arizona9/12/2000
on have continued pursuant to A.R.S. section 23-1031(B).
Everett requested a hearing, which was held in early 1999. The ALJ concluded that A.R.S. section 23-1031 did not apply to Everett's case because the statute expressed no intent to be applied retroactively and it embraced substantive rights. The ALJ further decided that the rights of the parties were fixed by the law which existed on the date of injury. Therefore, the ALJ set aside the suspension of benefits. The State Compensation Fund filed a Petition for Special Action in the court of appeals. Everett requested that this court review the case pursuant to Rule 19(a)(3), Arizona Rules of Civil Appellate Procedure, which provides for transfer of cases in these circumstances.
We granted review in Aranda and transfer in RemedyTemp to determine whether workers' compensation benefits are vested property rights and whether, as a matter of law, the lower courts correctly applied A.R.S. section 23-1031.
DISCUSSION
RETROACTIVE APPLICATION
The issue is one of first impression regarding the applicability of A.R.S. section 23-1031 to pre-determined, final compensation awards by the Arizona Industrial Commission. The statute reads in relevant part:
§ 23-1031. Persons incarcerated; suspension of benefits
A. Except as provided in subsection B of this section, beginning on December 1, 1997, payment of compensation under this chapter shall be suspended during the period of time that the employee has either:
1. Been convicted of a crime and is incarcerated in any state, federal, county or city jail or correctional facility.
2. Been adjudicated delinquent and is incarcerated in any state, federal, county or city jail or correctional facility.
The Arizona Legislature enacted the statute in 1997. See Act of Apr. 28, 1997, Ch. 212, § 4, 1997 Ariz. Sess. Laws 1688, 1690. The effective date of its passage would have been July 21, 1997, but the legislature chose specifically to enact the later effective date of December 1, 1997.
Statutes must contain an express statement of retroactive intent before retroactive application may occur. See A.R.S. § 1-244; see also San Carlos Apache Tribe v. Superior Court, 193 Ariz. 195, 205, 972 P.2d 179, 189 (1999); Bush v. Industrial Comm'n, 136 Ariz. 522, 524, 667 P.2d 222, 224 (1983); Gallo v. Industrial Comm'n, 83 Ariz. 392, 396, 322 P.2d 372, 375 (1958). Here, the Legislature inserted a later effective date into the statute than would have existed under its passage date. Section 23-1031 gives no express statement of retroactive intent.
This court has previously created an exception to the general rule requiring express language of retroactivity. Enactments that are procedural only, and do not alter or affect earlier established substantive rights may be applied retroactively. See In re Shane B., No. CV-98-0422-PR, 2000 WL 1030334, at *2 (Ariz. July 27, 2000); Bouldin v. Turek, 125 Ariz. 77, 78, 607 P.2d 954, 955 (1979). Even if a statute does not expressly provide for retroactivity, it may still be applied if merely procedural because litigants have no vested right in a given mode of procedure. See Allen v. Fisher, 118 Ariz. 95, 96, 574 P.2d 1314, 1315 (App. 1977). We thus determine, as a threshold matter, whether A.R.S. section 23-1031 is procedural. If it is, it can be applied to suspend benefits in both cases at bench. If not, we move to the substantive issue.
In general, procedural law relates to the manner and means by which a right to recover is enforced or provides no more than the method by which to proceed. See State ex rel. Miller v. Beardsley Indus. Property,
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