Ruth v. Industrial Commission

LOCKWOOD, Justice:

This is a review of a Court of Appeals decision resolved in favor of the State Compensation Fund. We granted the petition for review in view of the importance of a final determination of the constitutional questions raised in the interpretation of A.R.S. § 23-1023 (1965). The question presented is whether the State Compensation Fund, respondent and insurer of several employers involved in this action, is required to share in the cost of recovery which the petitioners, injured employees, realized in their action against third party tortfeasors. Opinion of the Court of…