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POLITO v. INDUSTRIAL COM'N OF ARIZONA

No. 2 CA-IC 91-0060.

171 Ariz. 46 (1992)

828 P.2d 182

Nick POLITO, Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Ithaca Industries, Respondent Employer, Travelers Insurance Company, Respondent Carrier.

Court of Appeals of Arizona, Division 2, Department A.

March 19, 1992.

Attorney(s) appearing for the Case

Rabinovitz & Associates, P.C. by Lawrence J. Sandell, Tucson, for petitioner employee.

Anita R. Valainis, Chief Counsel, Industrial Com'n of Arizona, Phoenix, for respondent.

Hossack & Hoskins by Kathleen L. Hoskins, Phoenix, for respondent carrier.

OPINION

HOWARD, Judge.

This is a special action review of an award which, inter alia, found that A.R.S. § 23-1023(C) allowed the carrier future credit against medical benefits. Petitioner contends such credit violates the public policy of the State of Arizona, that allowing such credit against medical benefits is inequitable and that A.R.S. § 23-1023(C) is ambiguous. We disagree and affirm.

Petitioner injured his right ankle and foot on...

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