Hendry v. Industrial Commission

I cannot agree with the Court’s holding that under A.R.S. § 23-1023(C), the insurance carrier or employer does not have a lien for that part of the thirdparty recovery allocable to (1) pain and suffering, and (2) loss of wages in excess of what would be compensated for under the Workmen’s Compensation Act. The decision is apparently premised on the view that since under the Act, a workmen does not have to be reimbursed for pain and suffering, White v. Industrial Commission, 87 Ariz. 154, 348 P.2d 922 (1960), upon such recovery, the carrier or employer should not be entitled to a lien thereon…