Salt River Project v. Industrial Commission

OPINION

VOSS, Presiding Judge.

This is a special action review of an Arizona Industrial Commission (“commission”) award denying apportionment under the second injury fund statute. See Ariz. Rev.Stat.Ann. (“A.R.S.”) § 23-1065(0 (Supp.1991). We address one issue: whether a brain tumor (meningioma) is a “[c]erebral vascular accident,” one of the listed impairments under subsection 23-1065(C). See A.R.S. § 23-1065(C)(3)(k). The Administrative Law Judge (“A.L.J.”) concluded that this phrase refers to a stroke. We agree and accordingly affirm the award denying apportionment for a meningioma.

In August…