Legal Opinion
Stout v. State Compensation Fund
Court of Appeals of Arizona
Decided February 8, 2000No. 1 CA-CV 98-0652PublishedCited by 13 opinions
1Opinion of the Court
OPINION
THOMPSON, Presiding Judge.
¶ 1 This appeal presents several issues relating to the lien rights of a workers’ compensation carrier. Specifically, we are asked to decide whether equitable apportionment applies when a third-party claim is settled, what is encompassed in the carrier’s duty of good faith and fair dealing when it is asked to approve a settlement with a third-party tortfeasor, to what extent recoveries by family members of the deceased worker are subject to the carrier’s lien, and whether a lien offset against a loss of consortium award is unconstitutional. As discussed below,…
2Cases cited8 opinions
- Aitken v. Industrial CommissionArizona Supreme Court · 1995
- Liberty Mutual Insurance v. Western Casualty & Surety Co.Arizona Supreme Court · 1974
- Dunn v. Industrial Com'n of ArizonaArizona Supreme Court · 1994
- Mannel v. Industrial Com'n of ArizonaCourt of Appeals of Arizona · 1984
- Boy v. Fremont Indemnity Co.Court of Appeals of Arizona · 1987
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hobson v. Mid-Century InsuranceCourt of Appeals of Arizona · 2001
- Rowland v. Great States InsuranceCourt of Appeals of Arizona · 2001
- Warner v. Southwest Desert Images, LLCCourt of Appeals of Arizona · 2008
- Mendoza v. McDonald's Corp.Court of Appeals of Arizona · 2009
- Engler v. Gulf Interstate Engineering, Inc.Court of Appeals of Arizona · 2011
8 more not listed; retrieve them via the Exa API.