SPECIAL FUND v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 12-0018.

302 P.3d 635 (2013)

SPECIAL FUND DIVISION, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Karen Lane, Respondent Employee, HealthSouth, Respondent Employer, ESIS/Ace USA AZ, Respondent Carrier.

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

April 18, 2013.


Attorney(s) appearing for the Case

The Industrial Commission of Arizona, Special Fund Division by Stephen D. Ball , Phoenix, Attorney for Petitioner.

Andrew F. Wade , Chief Counsel, The Industrial Commission of Arizona, Phoenix, Attorney for Respondent.

Dix & Forman, P.C. by Robert J. Forman , Tucson, Attorneys for Respondent Employee.

Klein, Doherty, Lundmark, Barberich & La Mont, P.C. by Eric W. Slavin , Tucson, Attorneys for Respondents Employer and Carrier.


OPINION

GEMMILL, Judge.

¶ 1 This is a special action review of an Industrial Commission of Arizona ("ICA") award and decision upon review granting reimbursement — often called "apportionment" — under Arizona Revised Statutes ("A.R.S.") section 23-1065(C)(3)(e) (Supp. 2012), in favor of the Employer and Carrier against Petitioner Special Fund Division. The injured worker, Karen Lane, has a pre-existing congenital condition of her hands...

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