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HOBSON v. MID-CENTURY INS. CO.

Nos. 2 CA-CV 99-0222, 2 CA-CV 00-0118.

19 P.3d 1241 (2001)

199 Ariz. 525

Roger HOBSON, a single individual; Robert Q. Hoyt, Esq., a single individual; Robert Q. Hoyt, P.C., Plaintiffs/Appellants, v. MID-CENTURY INSURANCE COMPANY, Defendant/Appellee. Juano Morales and Shawna Morales, husband and wife; Robert Q. Hoyt, Esq., a single individual; Robert Q. Hoyt, P.C., Plaintiffs/Appellants, v. State Compensation Fund, Inc., Defendant/Appellee.

Court of Appeals of Arizona, Division 2, Department A.

February 27, 2001.

Attorney(s) appearing for the Case

Law Office of Bruce A. Burke, P.C., by Bruce A. Burke, Tucson, for plaintiffs/appellants.

Robert E. Wisniewski, P.C., by Robert E. Wisniewski, Phoenix, for defendant/appellee, Mid-Century Insurance Company.

Diana J. Simon, P.C., by Diana J. Simon, Tucson, for defendant/appellee, State Compensation Fund, Inc.

OPINION

PELANDER, J.

¶ 1 In these two cases, consolidated for appeal, the trial courts ruled as a matter of law that A.R.S. § 23-1023(C) does not permit an order compelling a workers' compensation lienholder to pay, from the amount it is paid on account of its statutorily prescribed lien, an equitable share of the attorney's fees and costs incurred by the claimant in a third-party tort action. The trial courts also ruled that, so construed...

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