Special Fund Division v. Arizona Department of Transportation

OPINION

ACKERMAN, Judge.

¶ 1 Petitioner (“Special Fund”) seeks Rule 10 special action review of a decision of the Industrial Commission of Arizona (“Commission”). At issue is the interpretation of Arizona Reviáed Statutes Annotated (“A.R.S.”) section 23-1044(E) (1995), which provides for apportionment of an award in cases of successive injuries. We affirm the Commission’s decision.

FACTS

¶ 2 Respondent employee (“Claimant”) suffered three separate industrial injuries. The first occurred in 1988, when Claimant suffered a back injury while performing heavy-duty work. This injury caused permanent…