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HENDRICKSON v. INDUSTRIAL COM'N OF ARIZONA

No. CV-00-0375-PR.

46 P.3d 1063 (2002)

202 Ariz. 442

Sherry HENDRICKSON, Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Continental Airlines, Respondent Employer, Travelers Insurance Company, Respondent Insurer.

Supreme Court of Arizona, En Banc.

May 29, 2002.

Attorney(s) appearing for the Case

Tretschok & McNamara, P.C. by Patrick R. McNamara, Tucson, Attorney for Sherry Hendrickson.

The Industrial Commission of Arizona Anita R. Valainis, Phoenix, Chief Counsel.

Long, Lundmark & Poppe P.A. by R. Todd Lundmark, Phoenix, Attorney for Continental Airlines and Travelers Insurance Company.

OPINION

McGREGOR, Vice Chief Justice.

¶ 1 We granted review to consider again the effect of a workers' compensation claimant's failure to obtain written approval for settlement of an action against a third party. We hold that, under the facts of this case, the forfeiture rule of Hornback v. Industrial Commission, 106 Ariz. 216, 474 P.2d 807 (1970), does not apply. Instead,...

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