Marron v. Industrial Commission

OPINION

McGREGOR, Presiding Judge.

Ruben Marrón (petitioner) challenges an Arizona Industrial Commission award of a *517present lien credit to the State Compensation Fund (the Fund) made pursuant to Axiz.Rev.Stat.Ann. (“A.R.S.”) § 23-1023.C (1983). Petitioner contends that the administrative law judge should have based the Fund’s present lien credit upon the present value of petitioner’s structured settlement with a third-party tortfeasor rather than upon petitioner’s gross recovery under the settlement. We agree and set aside the award.

I

Petitioner suffered an industrial injury in a July 1988 auto…