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SPECIAL FUND DIV., INDUS. COM'N v. TABOR

No. 1 CA-IC 99-0172.

32 P.3d 14 (2001)

201 Ariz. 89

SPECIAL FUND DIVISION, The INDUSTRIAL COMMISSION of Arizona, Petitioner Real Party In Interest, v. Ray L. TABOR, Respondent Employee, Cyprus Climax, Respondent Employer, Alexis Risk Management Services, Inc., Respondent Carrier.

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

September 11, 2001.

Attorney(s) appearing for the Case

Anita R. Valainis, Chief Counsel, Industrial Commission of Arizona by Ronald M. Andersen, Legal Department, Phoenix, Attorneys for Petitioner Real Party In Interest.

Taylor & Associates, PLLC, by Roger A. Schwartz, Phoenix, Attorneys for Respondent Employee.

Jardine, Baker, Hickman, & Houston, by Scott H. Houston, Phoenix, Attorneys for Respondents Employer and Carrier.

THOMPSON, Judge.

¶ 1 This is a Rule 10 special action review of an Industrial Commission of Arizona (ICA) decision upon review awarding permanent partial disability compensation and awarding reimbursement under Arizona Revised Statutes Annotated (A.R.S.) § 23-1065(C)(1995). For the reasons that follow, we conclude that petitioner, the Special Fund Division of the ICA (the Special Fund), is not precluded from arguing...

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