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BOHN v. INDUSTRIAL COM'N OF ARIZONA

No. 1CA-IC 97-0078.

984 P.2d 565 (1999)

194 Ariz. 479

Eric A. BOHN, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Donald Daye & Zonya Daye, husband and wife, dba Turquoise Construction, Respondent Employers, Special Fund Division/No Insurance Section, Respondent Party in Interest.

Court of Appeals of Arizona, Division 1.

Review Granted September 21, 1999.

Attorney(s) appearing for the Case

Bill Stephens, P.C. by Bill Stephens, Phoenix, Attorneys for Petitioner.

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

The Industrial Commission of Arizona, Special Fund Division, No Insurance Section by Paula R. Eaton, Phoenix, Attorneys for Respondent Employers and Respondent Party in Interest.

OPINION

LANKFORD, Judge.

¶ 1 Petitioner ("Bohn") brought this special action petition seeking review of an Arizona Industrial Commission ("Commission") award and decision upon review. The Commission decided that by settling a third-party claim without written approval from the Special Fund, Bohn had forfeited workers' compensation. Relying on Macaluso v. Industrial Comm'n, 181 Ariz. 447, 891...

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