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KESSEN v. STEWART

No. 1 CA-IC 98-0040.

990 P.2d 689 (1999)

195 Ariz. 488

David KESSEN & Carolyn Kessen, husband and wife, dba Kessen & Kessen, Petitioner Employer, v. Lynn STEWART, Respondent Employee, The Industrial Commission of Arizona, Respondent, No Insurance Section/Special Fund Division, Respondent Party in Interest.

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

As Amended September 9, 1999.

Attorney(s) appearing for the Case

Dennis R. Kurth, P.C. by Dennis R. Kurth, Phoenix, Attorneys for Petitioner Employer.

Day, Kavanaugh & Blommel, P.C. by Sandra A. Day, Mesa, Attorneys for Respondent Employee/Cross-Petitioner Employee.

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

The Industrial Commission Of Arizona No Insurance Section/Special Fund Division by Paula R. Eaton, Phoenix, Attorney for Respondent Party in Interest.

OPINION

BERCH, Judge.

¶ 1 The Kessens, Claimant Lynn Stewart's uninsured employer, seek special action review of the Industrial Commission of Arizona's ("ICA") affirmance of the lump-sum commutation of Claimant's workers' compensation award. The Kessens assert that, as Claimant's employer, their consent was required before the ICA could commute Claimant's award of unscheduled permanent partial disability benefits to a lump sum. We hold that it was not...

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