Martinez v. State Workman's Compensation Insurance Fund

OPINION

KLEINSCHMIDT, Presiding Judge.

The single issue raised in this appeal is whether a workers’ compensation carrier can assert a lien, for amounts it has paid to an injured worker, against the Arizona Property and Casualty Insurance Guaranty Fund. We hold that it cannot.

The issue arose from the following undisputed facts. The appellant, Louis Martinez, was injured in the course of his employment as a Phoenix police officer when a motorist negligently struck him. The motorist was insured by Great Global Assurance Company, which became insolvent after the accident. Martinez’s claim against…