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RUTH v. INDUSTRIAL COMMISSION

No. 10516-PR.

107 Ariz. 572 (1971)

490 P.2d 828

Jack RUTH, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Reppel Steel and Supply Company, Inc., Respondent Employer, State Compensation Fund, Respondent Carrier.

Supreme Court of Arizona, In Banc.

November 17, 1971.

Attorney(s) appearing for the Case

Charles M. Brewer, James D. Lester, Langerman, Begam & Lewis, Phoenix, for petitioner.

William C. Wahl, Jr., Counsel, The Industrial Comm. of Ariz., Phoenix, for respondent.

Robert K. Park, Chief Counsel, State Compensation Fund by Cecil A. Edwards, Jr., Phoenix, for respondent carrier.

The Arizona Chapter of the American Trial Lawyers Assn. by Fred J. Pain, Jr., President, Phoenix, amicus curiae.

LOCKWOOD, Justice:

This is a review of a Court of Appeals decision resolved in favor of the State Compensation Fund. We granted the petition for review in view of the importance of a final determination of the constitutional questions raised in the interpretation of A.R.S. § 23-1023 (1965). The question presented is whether the State Compensation Fund, respondent and insurer of several employers involved in this action, is required to share in the cost of recovery...

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