Legal Opinion

Hendry v. Industrial Commission

Arizona Supreme Court

Decided August 1, 1975No. 12116-PRPublishedCited by 14 opinions

1Opinion of the Court

HAYS, Justice.

We accepted this petition for review for the purpose of deciding one issue: whether a carrier has a lien for contingent liability against a recovery by a claimant in a third-party action for pain and suffering and uncompensated loss of wages. The carrier in this instance is the State Compensation Fund, and the claimant is James E. Hendry, Jr.

The claimant was injured in an industrial accident and accepted compensation. Pursuant to ARS § 23-1023(C) (as amended, Laws of 1968 1 ) he elected to sue the third-party tort-feasor. The claimant reached a settlement in the third-party…

2Cases cited2 opinions

  1. Liberty Mutual Insurance v. Western Casualty & Surety Co.Arizona Supreme Court · 1974
  2. Hendry v. Industrial CommissionCourt of Appeals of Arizona · 1975

3Cited by14 opinions

  1. Hobson v. Mid-Century InsuranceCourt of Appeals of Arizona · 2001
  2. Breen v. Caesars PalaceNevada Supreme Court · 1986
  3. Dearing v. PerryIndiana Court of Appeals · 1986
  4. Perry v. Hartford Accident & Indemnity Co.Supreme Judicial Court of Maine · 1984
  5. State Compensation Fund v. NelsonArizona Supreme Court · 1987

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