No. 1 CA-IC 93-0174.

184 Ariz. 363 (1995)

909 P.2d 430

SPECIAL FUND DIVISION, Petitioner, v. INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Pete King Corporation, Respondent Employer, Argonaut Insurance Co., Respondent Carrier.

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

Reconsideration Denied August 4, 1995.

Review Denied January 17, 1996.

Attorney(s) appearing for the Case

The Industrial Com'n of Ariz., Special Fund Div. by Laura L. McGrory, Phoenix, for petitioner.

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

Steven C. Lester, P.C. by Steven C. Lester, Phoenix, for respondents Employer and Carrier.


McGREGOR, Judge.

This is a special action review of an Arizona Industrial Commission Decision Upon Review granting apportionment under Ariz. Rev. Stat. Ann. ("A.R.S.") section 23-1065.C between Respondent Carrier Argonaut Insurance Co. (Argonaut) and the Special Fund Division (petitioner).1 The primary issue is whether an employer who acquires knowledge of an employee's non-industrial, preexisting physical impairment

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