Kasprowiz v. Industrial Commission

In the first appellate review of the Industrial Commissions award entered in this matter, Department A of this Court construed the provisions of A.R.S. §§ 23-1061, subsec. I and 23-1062, subsec. B and held that because of the failure of the State Compensation Fund to file a Notice of Claim Status within fourteen days after the Commission had notified the Fund of the filing by the petitioning employee of a notice of the alleged accident, the Fund was required to pay compensation benefits to the employee for his alleged industrial injury until the entry of an award by the Commission, even though the Commissions award held that the employee had not suffered an injury arising out of and in the course of his employment. Inasmuch as the Commission had failed to award any benefits to the petitioning employee, the prior award was set aside.