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AITKEN v. INDUSTRIAL COMM'N

No. CV-92-0257-PR.

183 Ariz. 387 (1995)

904 P.2d 456

Faith AITKEN, Petitioner Employee, v. INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Amphitheater Public Schools, Respondent Employer, and Unigard Insurance Company, Respondent Carrier.

Supreme Court of Arizona.

October 17, 1995.

Attorney(s) appearing for the Case

Dee-Dee Samet, P.C. by Dee-Dee Samet and Arthur V. Gage, Tucson, and Gerald T. Barton, Tucson, and Robert Q. Hoyt, P.C. by Robert Q. Hoyt, Tucson, for Petitioner.

Bury, Moeller, Humphrey & O'Meara by J. Michael Moeller and Roger W. Frazier, Tucson, for Unigard Insurance and Amphitheater Public Schools.

The Industrial Commission of Arizona by Anita R. Valainis, Chief Counsel, Phoenix.

Plattner Verderame, P.C. by Frank Verderame, Phoenix, and The Langerman Law Offices by Amy G. Langerman, Phoenix, for Amicus Arizona Trial Lawyers Association.

J. Stephen Dix, P.C. by Robert J. Forman, Tucson, for Amicus Southern Arizona Workers' Compensation Claimant's Attorneys Association.

OPINION

ZLAKET, Justice.

Petitioner, Faith Aitken, while in the scope of her employment with Amphitheater School District, was seriously injured when she fell in an area where a sidewalk had been removed by Maya Construction Company. She filed a workers' compensation claim and received $28,929.70 in benefits from her employer's carrier, Unigard Insurance Co. She also filed a third party suit against Maya, which responded by alleging her contributory

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