Unisource Corp. v. Industrial Commission

OPINION

FIDEL, Judge.

Our workers’ compensation statute provides in certain cases for payment by the Special Fund Division of the Industrial Commission of a portion of the disability compensation of an injured worker whose permanent disability and loss of earning capacity are attributable to the combined effects of present and preexisting permanently disabling injuries. This case concerns a compensation carrier’s untimely claim for such a contribution by the Special Fund.

Under Arizona Revised Statutes Annotated (“A.R.S.”) § 23-1065(D), a carrier who wishes to claim apportionment from the…