Fremont Indemnity Co. v. Industrial Commission

OPINION

LANKFORD, Presiding Judge.

This is a special action review of an industrial commission award and a decision upon review affirming this award. The award incorporated a stipulated loss of earning capacity and denied apportionment of the resulting disability compensation between Petitioner Carrier and Respondent Real Party In Interest (“Special Fund Division”) 1 under Arizona Revised Statutes Annotated (“AR.S.”) section 23-1065(0 (Supp.1993).

The carrier presents one issue for review: Does written evidence of continued employment, coupled with other evidence that the employer knew of a…