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Tovrea v. Nolan

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eBook details

  • Title: Tovrea v. Nolan
  • Author : Arizona Court of Appeals
  • Release Date : January 23, 1993
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

This is a special action review of an Arizona Industrial Commission Decision Upon Hearing And Findings And Award ("Award") for apportionment under Ariz. Rev. Stat. Ann. ("A.R.S.") sub-section 23-1065(B) (Supp. 1993) and the Decision Upon Review affirming this Award. The Administrative Law Judge ("ALJ") concluded that Petitioner, the Special Fund Division of the Commission ("Special Fund Division") is precluded from disputing whether Respondent Carrier, State Compensation Fund ("Fund") correctly closed the April 1990 injury with an unscheduled disability under Ronquillo. Although we disagree with the ALJs analysis, we nevertheless conclude that preclusion both applies and disposes of the Funds apportionment claim. Accordingly, we affirm the Award.


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