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TRANSPORTING RENEW. RES. v. INDUS. COM'N

No. 1 CA-IC 95-0060.

185 Ariz. 543 (1996)

917 P.2d 272

TRANSPORTING RENEWABLE RESOURCES, INC., Petitioner Employer, State Compensation Fund, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, William E. Batson, Respondent Employee, SPECIAL FUND DIVISION, Respondent Party in Interest.

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

May 14, 1996.

Attorney(s) appearing for the Case

State Compensation Fund by David K. Schatz, Phoenix, for Petitioners Employer Carrier.

Anita R. Valainis, Chief Counsel, Industrial Commission of Arizona, Phoenix, for Respondent.

William E. Batson, Heber, In Propria Persona.

Special Fund Division by Ronald M. Andersen, Phoenix, for Real Party in Interest.

OPINION

TOCI, Judge.

This is a review of Arizona Industrial Commission ("Commission") decisions upon hearing and upon review denying apportionment under Ariz. Rev. Stat. Ann. ("A.R.S.") section 23-1065(C) (1995). The issue is whether a stipulation between the employer and the Special Fund Division of the Commission (the "Special Fund") that the employer knew of a preexisting impairment when it hired and retained William E. Batson ("claimant") satisfied the...

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