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STILL v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 3288.

146 Ariz. 433 (1985)

706 P.2d 759

Heard STILL, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, D & M Masonry, Respondent Employer, Fidelity & Casualty Company of New York, Respondent Carrier.

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

September 17, 1985.

Attorney(s) appearing for the Case

Van Baalen Law Offices by Lawrence P. Nicholls, Phoenix, for petitioner.

Dennis P. Kavanaugh, Chief Counsel, Industrial Com'n of Arizona, Phoenix, for respondent.

Jones, Skelton & Hochuli by Calvin Harris, Phoenix, for respondents employer and carrier.

OPINION

JACOBSON, Judge.

In this special action review of an Industrial Commission award, we are asked to decide whether the Commission was correct in finding that it does not have jurisdiction to impose sanctions or assess penalties against an insurance carrier for the tort of bad faith.

The facts are not in dispute. On November 19, 1970, the claimant, Heard Still, sustained an industrially related injury to both of his legs. His claim for benefits...

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