RUTH v. INDUSTRIAL COMMISSION

No. 1 CA-IC 340.

14 Ariz. App. 324 (1971)

483 P.2d 65

Jack RUTH, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, REPPEL STEEL AND SUPPLY COMPANY, Inc., Respondent Employer, State Compensation Fund, Respondent Carrier.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied April 23, 1971.

Review Granted June 1, 1971.


Attorney(s) appearing for the Case

Charles M. Brewer, James D. Lester, Langerman, Begam & Lewis, by Samuel Langerman, Phoenix, for petitioner.

William C. Wahl, Jr., Phoenix, for respondent.

Robert K. Park, Chief Counsel State Compensation Fund, by Cecil A. Edwards, Jr., Phoenix, for respondent carrier.


STEVENS, Presiding Judge.

The single question involved is whether the State Compensation Fund, the insurer of the several employers involved in connection with this matter, had the legal obligation to share in the cost of the recovery which the injured employees effected in their actions against the third-party tort-feasors. The recovery in each instance was in excess of the sums of money theretofore paid to and on behalf of the injured workmen.

In each of...

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