SPECIAL FUND DIV. v. DEPARTMENT OF TRANSP.

No. 1 CA-IC 99-0103.

8 P.3d 412 (2000)

198 Ariz. 224

SPECIAL FUND DIVISION, Petitioner Party in Interest, v. ARIZONA DEPARTMENT OF TRANSPORTATION, Respondent Employer, State of Arizona, DOA Risk Management, Respondent Carrier, The Industrial Commission of Arizona, Respondent, Allen McDonald, Respondent Employee.

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

August 29, 2000.


Attorney(s) appearing for the Case

Special Fund Division By Laura L. McGrory, Assistant Chief Counsel, Phoenix, Attorney for Petitioner Party in Interest.

Janet A. Napolitano, Arizona Attorney General By Charles W. Ferris, Jr., Assistant Attorney General, Phoenix, Attorneys for Respondents Employer and Carrier.

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

Delaney & Melkonoff By Edgar M. Delaney, Phoenix, Attorneys for Respondent Employee.


OPINION

ACKERMAN, Judge.

¶ 1 Petitioner ("Special Fund") seeks Rule 10 special action review of a decision of the Industrial Commission of Arizona ("Commission"). At issue is the interpretation of Arizona Revised Statutes Annotated ("A.R.S.") section 23-1044(E) (1995), which provides for apportionment of an award in cases of successive injuries. We affirm the Commission's decision.

FACTS

¶ 2 Respondent employee ("Claimant") suffered...

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