[Download] "Special Fund Division V. Industrial Commission" by Arizona Court of Appeals " eBook PDF Kindle ePub Free

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eBook details

• Title: Special Fund Division V. Industrial Commission
• Author : Arizona Court of Appeals
• Release Date : January 30, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

The Special Fund Division (Special Fund) challenges the Arizona Industrial Commission's (Commission) order rearranging Janet K. Morin's (applicant) permanent disability benefits and apportioning liability for these benefits between itself and the State Compensation Fund (carrier). The Special Fund asserts that the administrative law Judge lacked jurisdiction to apportion applicant's rearranged permanent disability benefits because carrier failed to comply with the notice requirement in Arizona Revised Statutes Annotated ("A.R.S.") section 23-165.D (Supp. 1993). The Special Fund also argues that, if jurisdiction existed, the administrative law Judge erred in determining that applicant's preexisting physical impairment constitutes "a hindrance or obstacle to employment or to obtaining reemployment" and in finding that applicant's employer had "knowledge" of her preexisting permanent impairment. Because we conclude that carrier's failure to comply with the notice requirement in section 23-165.D is not a jurisdictional defect and the record supports the administrative law Judge's finding that applicant's impairment constitutes a hindrance or obstacle to her reemployment and that her employer knew about her impairment, we affirm the award.

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