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BOHN v. INDUSTRIAL COM'N OF ARIZONA

No. CV-99-0076-PR.

999 P.2d 180 (2000)

196 Ariz. 424

Eric A. BOHN, Petitioner. v. 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.

Supreme Court of Arizona, En Banc.

As Amended July 6, 2000.

Attorney(s) appearing for the Case

Stephens and Associates By Bill Stephens, Phoenix, Attorneys for Eric A. Bohn.

Anita R. Valainis, Chief Counsel, and Attorney for Industrial Commission of Arizona, Paula R. Eaton, Phoenix, Attorney for Special Fund Division/No Insurance Section, Donald Daye/Zonya Daye, dba Turquoise Construction and Special Fund Division-No Insurance Section

OPINION.

MARTONE, Justice.

¶ 1 We are asked to decide whether forfeiture of workers' compensation benefits is the consequence of a violation of A.R.S. § 23-1023(C) even where the claim for compensation has been denied. We hold that it is not. Instead, if the compensation provider challenges the value of the unapproved settlement, the burden of proof is on the claimant to prove that he or she compromised the claim for a reasonable amount. Absent...

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