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SUNSTATE EQUIPMENT v. INDUS. COM'N OF ARIZONA

No. 1 CA-IC 2782.

135 Ariz. 477 (1983)

662 P.2d 152

SUNSTATE EQUIPMENT CORPORATION, Petitioner Employer, State Compensation Fund, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, George E. McClellan, Respondent Employee.

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

Rehearing Denied March 30, 1983.

Review Denied April 26, 1983.

Attorney(s) appearing for the Case

Robert K. Park, Chief Counsel, State Compensation Fund by John R. Greer, Phoenix, for petitioners employer and carrier.

James A. Overholt, Acting Chief Counsel, the Indus. Com'n of Arizona, Phoenix, for respondent.

Neal S. Sundeen, P.C. by Neal S. Sundeen, Phoenix, for respondent employee.

OPINION

CONTRERAS, Judge.

In this special action review of an Industrial Commission award, one legal issue is presented: whether A.R.S. § 23-1023(C) provides a workers' compensation carrier with a lien on the employer's uninsured motorist coverage paid to an employee injured at work. We hold that the statute does not provide the compensation carrier with such a lien and therefore affirm the award.

The parties stipulated to the facts, which we...

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