Special Fund Division v. Industrial Commission

OPINION

NOYES, Judge.

This is a special action review of an Arizona Industrial Commission award and decision upon review for apportionment under Ariz.Rev.Stat.Ann. (“AR.S.”) section 23-1065(C) (1995). The issue is whether a written record stating “wounded in combat Nam” established the employer’s knowledge that the worker had a “psychoneurotic disability following treatment in a recognized medical or mental institution” within the meaning of section 23-1065(C)(3)(n). Because we conclude that the written record is insufficient to establish that knowledge, we set aside the award and decision upon…