Sunstate Equipment Corp. v. Industrial Commission

OPINION

CONTRERAS, Judge.

In this special action review of an Industrial Commission award, one legal issue is presented: whether A.R.S. § 23-1023(C) provides a workers’ compensation carrier with a lien on the employer’s uninsured motorist coverage paid to an employee injured at work. We hold that the statute does not provide the compensation carrier with such a lien and therefore affirm the award.

The parties stipulated to the facts, which we summarize. The respondent employee (employee), while driving his employer’s automobile in the course and scope of his employment, was injured in an…