SPECIAL FUND DIV. v. INDUSTRIAL COM'N

No. 1 CA-IC 95-0133.

939 P.2d 795 (1997)

189 Ariz. 162

SPECIAL FUND DIVISION, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, St. Charles Company, Respondent Employer, Liberty Mutual Insurance Group, Respondent Carrier, Wayne O. Burrell, Respondent Employee.

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

Reconsideration Denied June 24, 1997.


Attorney(s) appearing for the Case

Special Fund Division by Paula R. Eaton, Phoenix, for Petitioner.

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

Cross & Lieberman, P.A. by Lawrence H. Lieberman, Phoenix, for Respondents Employer and Carrier.

Taylor & Associates by Richard E. Taylor, Phoenix, for Respondent Employee.


OPINION

NOYES, Judge.

This is a special action review of an Arizona Industrial Commission award and decision upon review for apportionment under Ariz.Rev.Stat.Ann. ("A.R.S.") section 23-1065(C) (1995). The issue is whether a written record stating "wounded in combat Nam" established the employer's knowledge that the worker had a "psychoneurotic disability following treatment in a recognized medical or mental institution" within the meaning of section 23...

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