Hendry v. Industrial Commission

OPINION

STEVENS, Judge.

The limited issue presented is the extent of the lien under A.R.S. § 23-1023 (C) on an injured workman’s settlement with a third party tort-feasor.

James E. Hendry, Jr., (petitioner), on 4 November 1969, sustained a compensable industrial accident while an employee of Allison Steel Manufacturing Co. (employer). The employer is a self-rater. The petitioner filed a claim for compensation which was accepted.

The file reflects that he earned through his employment $1,261.01 during the 30 days next preceding his injury. Pursuant to A.R.S. § 23-1041 the Commission set his…