Window Rock School District 8 v. Industrial Commission

OPINION

SCHROEDER, Judge.

This case, like State Compensation Fund v. Harris, 26 Ariz.App. 9, 545 P.2d 971 also decided this day, involves a dispute between the State Compensation Fund, the workmen’s compensation carrier, and the Industrial Commission concerning whether there should be apportionment of disability benefits under the provisions of A.R.S. § 23-1065 (A)(4).1

*15As in Harris, there is no question about the right of the respondent employee to receive benefits. The only question is whether part of those benefits should be paid by the Industrial Commission’s Special Fund rather than the…