Special Fund Division v. Industrial Commission

OPINION

GEMMILL, Judge.

¶ 1 This is a special action review of an Industrial Commission of Arizona (“ICA”) award and decision upon review for loss of earning capacity and reimbursement. The question presented is whether the administrative law judge (“ALJ”) correctly interpreted Arizona statutes when he awarded reimbursement from petitioner Special Fund Division of the ICA (“Special Fund”) to respondent employer McCarthy Building Companies and its workers’ compensation insurance carrier, respondent Arch Insurance Company. Reimbursement was awarded because McCarthy knowingly employed a worker…