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MARTINEZ v. WORKMAN'S COMP. INS. FUND

No. 1 CA-CIV 9868.

163 Ariz. 380 (1989)

788 P.2d 113

Louis MARTINEZ and Jane Doe Martinez, husband and wife, Plaintiffs-Appellants, v. STATE WORKMAN'S COMPENSATION INSURANCE FUND of the State of Arizona, and the City of Phoenix, Defendants-Appellees.

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

Review Denied March 27, 1990.

Attorney(s) appearing for the Case

Treon, Strick, Lucia & Aguirre, P.A. by Cynthia A. Caruso, Phoenix, for plaintiffs-appellants.

State Compensation Fund by Christopher E. Kamper, Chief Counsel, Phoenix, for defendants-appellees.

OPINION

KLEINSCHMIDT, Presiding Judge.

The single issue raised in this appeal is whether a workers' compensation carrier can assert a lien, for amounts it has paid to an injured worker, against the Arizona Property and Casualty Insurance Guaranty Fund. We hold that it cannot.

The issue arose from the following undisputed facts. The appellant, Louis Martinez, was injured in the course of his employment as a Phoenix police officer when a motorist negligently...

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