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HENDRY v. INDUSTRIAL COMMISSION

No. 12116-PR.

112 Ariz. 108 (1975)

538 P.2d 382

James E. HENDRY, Jr., Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Allison Steel Manufacturing Co., Respondent Employer, State Compensation Fund, Respondent Carrier.

Supreme Court of Arizona, En Banc.

Rehearing Denied September 16, 1975.

Attorney(s) appearing for the Case

Rabinovitz & Minker, P.C. by Bernard I. Rabinovitz, Tucson, for petitioner.

Edward F. Cummerford, Chief Counsel, The Industrial Commission of Arizona, Phoenix, for respondent.

Snell & Wilmer by James A. Honer, Phoenix, for respondent employer.

Robert K. Park, Chief Counsel, State Compensation Fund by J. Victor Stoffa, Phoenix, for respondent carrier.

HAYS, Justice.

We accepted this petition for review for the purpose of deciding one issue: whether a carrier has a lien for contingent liability against a recovery by a claimant in a third-party action for pain and suffering and uncompensated loss of wages. The carrier in this instance is the State Compensation Fund, and the claimant is James E. Hendry, Jr.

The claimant was injured in an industrial accident and accepted compensation. Pursuant to ARS §...

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