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SPECIAL FUND DIV./NO INS. v. INDUS. COM'N

No. 1 CA-IC 93-0064.

181 Ariz. 387 (1994)

891 P.2d 854

SPECIAL FUND DIVISION/NO INSURANCE SECTION, Petitioner, v. INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Oralia Aldaco, Respondent Employee, Empire Fruit Company, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Review Denied March 21, 1995.

Attorney(s) appearing for the Case

Indus. Com'n of Arizona by Laura L. McGrory and Michael A. Mosesso, Phoenix, for petitioner Special Fund Div./No Ins. Section.

Anita R. Valainis, Chief Counsel, Indus. Com'n of Arizona, Phoenix, for respondent.

Cecil A. Edwards, Jr., Phoenix, for respondent employee.

Peter C. Kilgard, Chief Counsel, State Compensation Fund by Robert J. Mounts, Phoenix, for respondents employer and carrier.

OPINION

CONTRERAS, Presiding Judge.

This is a special action review of an Arizona Industrial Commission Decision Upon Hearing And Findings And Award ("Award") for apportionment under Ariz. Rev. Stat. Ann. ("A.R.S.") subsection 23-1065(B) (Supp. 1993) and the Decision Upon Review affirming this Award. The Administrative Law Judge ("ALJ") concluded that Petitioner, the Special Fund Division of the Commission ("Special Fund Division") is precluded from disputing...

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