Greer v. Travelers Property Casualty Co.

OPINION

EHRLICH, Judge.

¶ 1 This case involves the application of Arizona Revised Statutes (“A.R.S.”) § 23-1023(C) (1995) to a workers’ compensation carrier’s lien against a medical-malpractice settlement when the malpractice occurs after the industrial injury giving rise to the lien. We conclude that the lien does not apply to benefits paid before the malpractice but that it does apply to the amounts expended by the carrier after the malpractice.

FACTUAL AND PROCEDURAL HISTORY

¶ 2 While working at Saks Fifth Avenue in January 1996, Monica Greer suffered an aggravation of her carpal tunnel…