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SPECIAL FUND DIV. v. IND. COM'N OF ARIZONA

No. 1 CA-IC 08-0060.

226 P.3d 398 (2010)

SPECIAL FUND DIVISION, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Michael Sordia, Respondent Employee, McCarthy Building Companies, Respondent Employer, Arch Insurance Co., c/o Gallagher Bassett Ins. Svc., Respondent Insurance Carrier.

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

January 21, 2010.

Attorney(s) appearing for the Case

The Industrial Commission of Arizona, Special Fund Division by Rachel C. Morgan, Suzanne S. Marwil, Phoenix, Attorney for Petitioner.

Andrew F. Wade, Chief Counsel, The Industrial Commission of Arizona, Phoenix, Attorney for Respondent.

Taylor & Associates, PLLC by Stephen L. Weiss, Phoenix, Attorneys for Respondent Employee.

Jardine, Baker, Hickman & Houston, PLLC by Stephen C. Baker, Phoenix, Attorneys for Respondents Employer and Carrier.

OPINION

GEMMILL, Judge.

¶ 1 This is a special action review of an Industrial Commission of Arizona ("ICA") award and decision upon review for loss of earning capacity and reimbursement. The question presented is whether the administrative law judge ("ALJ") correctly interpreted Arizona statutes when he awarded reimbursement from petitioner Special Fund Division of the ICA ("Special Fund") to respondent employer McCarthy Building Companies and its workers...

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