TABLER v. INDUSTRIAL COM'N OF ARIZONA

No. 1CA-IC 01-0012.

47 P.3d 1156 (2002)

202 Ariz. 518

Howard J. TABLER, III., Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Schuck & Sons Construction, Respondent Employer, RSKCO, Respondent Carrier.

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

Redesignated as Opinion and Publication Ordered June 18, 2002.


Attorney(s) appearing for the Case

Schiffman Law Office, P.C., By Alan M. Schiffman and Robert E. Wisniewski, Phoenix, Attorneys for Petitioner Employee.

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

Cross & Lieberman, P.A., By Lisa M. LaMont, Phoenix, Attorneys for Respondents Employer and Carrier.


OPINION

GEMMILL, Judge.

¶ 1 May an oral compromise and settlement agreement be approved by the Industrial Commission of Arizona (ICA) and enforced against the employer and carrier, even though the claimant died before a written compromise and settlement agreement ("C & S") was executed? We answer this question in the affirmative and set aside a decision upon review declining to approve a C & S.

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