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MANNEL v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 3021.

142 Ariz. 153 (1984)

688 P.2d 1045

Florence E. MANNEL, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Department of Transportation, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

May 17, 1984.

Attorney(s) appearing for the Case

Rabinovitz, Dix & Rehling, P.C. by Bernard I. Rabinovitz, Tucson, for petitioner.

Sandra Day, Chief Counsel, Indus. Com'n of Arizona, Phoenix, for respondent.

Robert K. Park, Chief Counsel, State Compensation Fund by James F. Crane, Tucson, for respondents Employer and Carrier.

OPINION

GREER, Judge.

This is a special action review of an Industrial Commission award granting death benefits, but subjecting them to the compensation insurer's credit from an A.R.S. § 23-1023 lien on specified proceeds from the employee's settlement of his claim with the third party tortfeasor. The issue presented is whether present death benefits that had not matured when the employee's third party claim against the tortfeasor was settled are subject...

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