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AAA CAB SERVICE, INC. v. INDUSTRIAL COM'N

No. 2 CA-IC 2006-0003.

141 P.3d 822 (2006)

AAA CAB SERVICE, INC., Petitioner Employer, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Kerri S. Way, widow of Ronald Way, deceased employee, Respondent Employee, Special Fund Division/No Insurance Section, Respondent Party in Interest.

Court of Appeals of Arizona, Division 2, Department B.

August 22, 2006.

Attorney(s) appearing for the Case

Toby Zimbalist, Klein, Lundmark, Barberich & LaMont, P.C., By R. Todd Lundmark, Phoenix, for Petitioner Employer.

The Industrial Commission of Arizona, By Laura L. McGrory, Phoenix, for Respondent.

Richard L. Keefe, Andrew J. Petersen, Ryan Scott Andrus, Tucson, for Respondent Employee.

No Insurance Section/Special Fund Division, By Ronald M. Andersen, Phoenix, for Respondent Party in Interest.

OPINION

ECKERSTROM, Presiding Judge.

¶ 1 Petitioner employer AAA Cab Service, Inc. challenges an industrial commission award granting the employee's widow, respondent Kerri Way, leave to withdraw her claim for workers' compensation benefits and pursue a civil cause of action against AAA. Because Way never accepted compensation from the industrial commission, as required to waive her right to pursue a remedy in court, we find no error and affirm...

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