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EBI COMPANIES/ORION GROUP v. INDUS. COM'N

No. 2 CA-IC 93-0030.

178 Ariz. 624 (1994)

875 P.2d 857

EBI COMPANIES/ORION GROUP, Petitioner Carrier, Casa Grande Union High School, Petitioner Employer, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Billy James, Respondent Employee.

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

June 9, 1994.

Attorney(s) appearing for the Case

Jones, Skelton & Hochuli by Terrence Kurth, Phoenix, for petitioner carrier and petitioner employer.

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

Tretschok, McNamara & Clymer by Jeffrey L. Patten, Tucson, for respondent employee.

OPINION

LIVERMORE, Presiding Judge.

This case presents an issue of first impression in Arizona: Is a workers' compensation carrier entitled to a lien against a claimant's third-party recovery for the amount the carrier paid the claimant pursuant to a settlement agreement?

The facts are undisputed. Billy James was injured in an automobile accident while in the course of his employment with Casa Grande Union High School. His workers...

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