STATE v. SUPERIOR COURT, MARICOPA COUNTY

No. 1 CA-SA 128.

155 Ariz. 166 (1987)

745 P.2d 614

STATE of Arizona, a political entity, Petitioner, v. SUPERIOR COURT OF the STATE of Arizona, In and For the COUNTY OF MARICOPA, Honorable Joseph O. Howe, a judge thereof, Respondent Judge, Michael A. GARCIA, Real Party in Interest.

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

Review Granted December 8, 1987.


Attorney(s) appearing for the Case

Snell & Wilmer by George H. Lyons, James J. Osborne, Thomas L. Gerber, Phoenix, and Robert K. Corbin, Atty. Gen., by Laurie Eiler Downey, Asst. Atty. Gen., Phoenix, for petitioner.

Jacoby & Meyers Law Offices by John R. Baker, Scottsdale, for real party in interest.


OPINION

JACOBSON, Presiding Judge.

This special action review requires the court to resolve the issue of whether a worker's compensation claim assigned by operation of law to the State Compensation Fund (Fund), may be reassigned to the claimant on the condition that the claimant forego any action against the State of Arizona.

The claimant, Michael Garcia, was injured in a motor vehicle accident which occurred at the University of Arizona farm in Pinal...

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