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 granting reimbursement — often called “apportionment” — under Arizona Revised Statutes (“A.R.S.”) section 23-1065(C)(3)(e) (Supp. 2012), in favor of the Employer and Carrier against Petitioner Special Fund Division. The injured worker, Karen Lane, has a pre-exist-ing congenital condition of her hands known as syndactyly.1 The administrative law judge (“ALJ”) granted apportionment based on Lane’s syndactyly, concluding that the syndactyly qualified under § 23…