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HENDRY v. INDUSTRIAL COMMISSION

No. 1 CA-IC 1068.

23 Ariz. App. 307 (1975)

532 P.2d 882

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

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

Review Granted June 3, 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.

OPINION

STEVENS, Judge.

The limited issue presented is the extent of the lien under A.R.S. § 23-1023(C) on an injured workman's settlement with a third party tort-feasor.

James E. Hendry, Jr., (petitioner), on 4 November 1969, sustained a compensable industrial accident while an employee of Allison Steel Manufacturing Co. (employer). The employer is a self-rater. The petitioner filed a claim for compensation which was accepted.

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