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MACALUSO v. INDUSTRIAL COM'N OF ARIZONA

2 CA-IC 94-0017.

181 Ariz. 447 (1994)

891 P.2d 914

Anthony MACALUSO, Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Derrick Anderson, a single man, dba Anderson Studios, Respondent Employer, INDUSTRIAL COMMISSION OF ARIZONA, No Insurance Section, Respondent Party in Interest.

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

Review Granted March 22, 1995.

Attorney(s) appearing for the Case

Rabinovitz & Associates, P.C. by Bernard I. Rabinovitz and Gregory L. Cohen, Tucson, for petitioner employee.

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

Industrial Com'n of Arizona, No Ins. Section by Ronald M. Anderson, Phoenix, for respondent employer and respondent party in interest.

OPINION

ESPINOSA, Presiding Judge.

This case presents the question of whether a worker who has requested but not yet received workers' compensation benefits may settle a third-party claim without the approval of the Industrial Commission.

The facts are undisputed. On June 18, 1991, Anthony Macaluso was injured in an automobile accident while in the course of his employment with Anderson Studios. Because Anderson Studios was not covered by workers...

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