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STENZ v. INDUSTRIAL COM'N OF ARIZONA

No. 2 CA-IC 2013-0022.

336 P.3d 737 (2014)

Charles W. STENZ, Deceased, Petitioner Employee, Elizabeth Stenz, Widow, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, City of Tucson, Respondent Employer, Pinnacle Risk Management Services, Respondent Insurer.

Court of Appeals of Arizona, Division 2.

October 8, 2014.

Attorney(s) appearing for the Case

Tretschok, McNamara & Miller, P.C., by J. Patrick Butler , Tucson, Counsel for Petitioner Employee and Petitioner.

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

M. Ted Moeller , and Humphrey & Petersen, P.C., by Andrew J. Petersen , Tucson, Co-counsel for Respondents Employer and Insurer.

Judge VÁSQUEZ authored the opinion of this Court, in which Judge BRAMMER concurred and Judge HOWARD specially concurred.

OPINION

VÁSQUEZ, Judge.

¶ 1 In this statutory special action, petitioner Elizabeth Stenz, widow of Charles Stenz, the petitioner employee, challenges the administrative law judge's (ALJ) award denying her interest on the death benefits she received four years after Charles's death. She argues Arizona law requires payment of the interest. We agree and set aside the award.

Factual and Procedural Background

¶ 2 We view the facts...

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