Special Fund Division v. Industrial Commission

OPINION

MeGREGOR, Judge.

This is a special action review of an Arizona Industrial Commission Decision Upon Review granting apportionment under Ariz. Rev.Stat.Ann. (“A.R.S.”) section 23-1065.C between Respondent Carrier Argonaut Insurance Co. (Argonaut) and the Special Fund Division (petitioner). 1 The primary issue is whether an employer who acquires knowledge of an employee’s non-industrial, preexisting physical impairment after the date of the industrial injury is entitled to reimbursement from the Special Fund Division. We conclude knowledge acquired after the date of industrial injury does…