State ex rel. Industrial Commission v. Word

OPINION

HURWITZ, Vice Chief Justice.

¶ 1 This case requires us to interpret AR.S. § 23-907(E) (Supp.2009), which governs recovery of payments made by the Industrial Commission to injured workers whose employers fail to maintain workers’ compensation insurance.

*354I.

A

¶ 2 On August 2, 1991, Robert Ruehrmund was injured while employed by Tommy Word. Because Word did not carry workers’ compensation insurance, Ruehrmund had the option of either pursuing tort remedies or seeking benefits from the Commission’s Special Fund. AR.S. § 23-907(A)-(B) (Supp. 1990). The Special Fund is financed by assessments…