GREER v. TRAVELERS PROPERTY CAS. CO.

No. 1 CA-CV 01-0397.

56 P.3d 52 (2002)

203 Ariz. 478

Monica J. GREER and Warner W. (Bill) Greer, her husband, Plaintiffs-Appellants, v. TRAVELERS PROPERTY CASUALTY COMPANY, Defendant-Appellee.

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

October 3, 2002.


Attorney(s) appearing for the Case

John H. Westover, Phoenix, Attorney for Plaintiffs-Appellants.

Sanders & Parks, P.C., by Jonathan F. Weisbard and Kathryn M. Epperson, Phoenix, Attorneys for Defendant-Appellee.


OPINION

EHRLICH, Judge.

¶ 1 This case involves the application of Arizona Revised Statutes ("A.R.S.") § 23-1023(C) (1995) to a workers' compensation carrier's lien against a medical-malpractice settlement when the malpractice occurs after the industrial injury giving rise to the lien. We conclude that the lien does not apply to benefits paid before the malpractice but that it does apply to the amounts expended by the carrier after the malpractice...

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