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STOUT v. STATE COMPENSATION FUND

No. 1 CA-CV 01-0079.

44 P.3d 178 (2002)

202 Ariz. 300

Debbie STOUT, individually and on behalf of Logan Stout and the Estate of Todd Stout, and Pat Stout, Plaintiffs, Counterdefendants-Appellants, v. STATE COMPENSATION FUND, Defendant, Counterclaimant-Appellee.

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

April 25, 2002.

Attorney(s) appearing for the Case

The Langerman Law Offices, By Richard W. Langerman, Phoenix, Attorneys for Appellants.

Sanders & Parks, P.C., By Mark G. Worischeck, Kathryn M. Epperson, Phoenix, Attorneys for Defendant-Appellee.

NOYES, Judge.

¶ 1 Todd Stout died from injuries received in an industrial accident in which he, his employer, and a third party shared fault. The third party ("Luna Tech") agreed to settle for its liability policy limits of $1,000,000. Because the State Compensation Fund had a lien that could one day exceed $1,000,000, the law required that the Stouts obtain the Fund's written approval of the settlement. After the Stouts asked for more of a lien compromise than...

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