Special Fund Division v. Industrial Commission

OPINION

FELDMAN, Justice.

¶ 1. The court of appeals set aside an Industrial Commission award and decision for reimbursement under A.R.S. § 23-1065(C). Special Fund Div. v. Industrial Comm’n (Burrell), 189 Ariz. 162, 939 P.2d 795 (App.1997). We granted review to clear up confusion in a number of court of appeals cases by deciding whether a written record establishing the existence of a pre-hiring disability, coupled with contemporaneous oral testimony regarding the nature of the disability, was sufficient to establish the employer’s knowledge required under § 23-1065(C). We have jurisdiction…