Marron v. Industrial Commission

862 P.2d 888, 176 Ariz. 515, 146 Ariz. Adv. Rep. 76, 1993 Ariz. App. LEXIS 185
CourtCourt of Appeals of Arizona
DecidedAugust 31, 1993
DocketNo. 1 CA-IC 92-0175
StatusPublished
Cited by1 cases

This text of 862 P.2d 888 (Marron v. Industrial Commission) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marron v. Industrial Commission, 862 P.2d 888, 176 Ariz. 515, 146 Ariz. Adv. Rep. 76, 1993 Ariz. App. LEXIS 185 (Ark. Ct. App. 1993).

Opinion

OPINION

McGREGOR, Presiding Judge.

Ruben Marrón (petitioner) challenges an Arizona Industrial Commission award of a [517]*517present lien credit to the State Compensation Fund (the Fund) made pursuant to Axiz.Rev.Stat.Ann. (“A.R.S.”) § 23-1023.C (1983). Petitioner contends that the administrative law judge should have based the Fund’s present lien credit upon the present value of petitioner’s structured settlement with a third-party tortfeasor rather than upon petitioner’s gross recovery under the settlement. We agree and set aside the award.

I.

Petitioner suffered an industrial injury in a July 1988 auto accident. He filed a claim for workers’ compensation benefits, which the Fund accepted and administered. He also filed a civil action against the third party at fault in the auto accident. See generally A.R.S. § 23-1023.A.

Petitioner eventually entered a structured settlement agreement in the civil action. By that time, the Fund had paid $64,944.25 on his claim and had closed it with a ten percent unscheduled permanent partial disability and no loss of earning capacity.

Under the structured settlement, the third party paid petitioner a lump sum of $300,000.00, from which he repaid the Fund’s lien, attorneys’ fees, and costs. The third party also purchased annuities that will pay petitioner $1,715.00 a month for twenty years and five lump sums total-ling $210,000.00 over the next twenty-five years. During the next twenty-five years, therefore, petitioner will receive a total of $921,600.00. The parties agree that the present value of this structured settlement is $600,000.00.

The Fund issued a notice of claim status claiming a present lien credit of $644,-830.97. The Fund calculated that amount by subtracting costs, attorneys’ fees and the lien repayment from petitioner’s $921,-600.00 gross recovery, which the Fund defined as his “total recovery.”

Petitioner requested a hearing, contending that the present lien credit must be calculated by defining “total recovery” as the present value of the structured settlement, $600,000.00, rather than the gross recovery. Under petitioner’s theory, the Fund’s present lien credit would be reduced by $321,600.00.

The administrative law judge issued an award approving the present lien credit based upon gross recovery, stating:

The carrier’s lien extends to the total third party recovery less expenses and attorney's fees. See Mannel v. Industrial Commission, 142 Ariz. 153, 688 P.2d 1045 (App.1984). The carrier can assert a lien on the “amount actually collectable” and Arizona decisions have rejected all attempts to carve out additional exceptions to the broad language of A.R.S. Section 23-1023(c). Young v. Industrial Commission, 146 Ariz. 582, 707 P.2d 986 (App.1985). In Young, the court upheld the Industrial Commission’s decision that post-judgment interest was included in the “amount actually collectable” because it was part of the total recovery received by the applicant. The phrase “amount actually collectable” refers to the sum of money the carrier’s lien rights can reach, not when the funds can be reached. State Compensation Fund v. Nelson, 153 Ariz. 450, 453, 707 [737] P.2d 1088, 1091 (1987).
... The applicant argues he should not be penalized because he chose a structured settlement rather than a lump sum payment and investing the money himself. However, as the court stated in Young, supra., even if at times inequitable, a carrier’s lien extends to the total recovery collected by the applicant, and any remedy lies with the legislature rather than the courts. Based upon the unambiguous language of the statute and the interpretation by the Arizona Courts, it is found the defendant insurance carrier [’]s lien extends to the applicant’s total recovery from the settlement of the third party claim ($921,600.00) less attorney’s fees and reasonable and necessary expenses, including repayment of the past lien of the carrier. The defendant insurance carrier therefore has a lien credit for future benefits in the amount of $644,830.97.

[518]*518After the administrative law judge affirmed the award, petitioner filed this special action. We have jurisdiction pursuant to A.R.S. §§ 12-120.21 and 23-951.A.

II.

This court independently determines issues of law. See Central Management Co. v. Indus. Comm’n, 162 Ariz. 187, 189, 781 P.2d 1374, 1376 (App.1989). When interpreting a statute, we must give effect to legislative intent. We determine the legislative intent from the language used in the context of the statute and the entire act. State Compensation Fund v. Nelson, 153 Ariz. 450, 453, 737 P.2d 1088, 1091 (1987). We give the language in the workers’ compensation statutes a liberal interpretation in favor of the compensation claimant. Id. (citing Bill Breck Dodge, Inc. v. Indus. Comm’n, 138 Ariz. 388, 391, 675 P.2d 275, 278 (1983)).

A.

To determine the appropriate measure for the Fund’s present lien credit, we begin with the language of the statute. Section 23-1023.A permits an injured worker (and/or his dependents) to receive workers’ compensation and to pursue a civil action against third-party tortfeasors. The compensation carrier, however, has a lien under section 23-1023.C, which states in relevant part:

If he [the workers’ compensation claimant] proceeds against such other person [the third party at fault], compensation and medical, surgical and hospital benefits shall be paid :.. and the insurance carrier ... shall have a lien on the amount actually collectable from such other person to the extent of such compensation and medical, surgical and hospital benefits paid____ The amount actually collectable shall be the total recovery less the reasonable and necessary expenses, including attorneys’ fees, actually expended in securing such recovery. The insurance carrier ... shall contribute only the deficiency between the amount actually collected and the ... [workers’ compensation benefits] provided or estimated ... for such case.

A.R.S. § 23-1023.C (emphasis added).1 Under Arizona law, a carrier may assert a lien credit for contingent future workers’ compensation benefits against the amount actually collectable by a claimant in a third-party action. See Hendry v. Indus. Comm’n, 112 Ariz. 108, 538 P.2d 382 (1975), cert. denied, 424 U.S. 923, 96 S.Ct. 1133, 47 L.Ed.2d 332 (1976); In re Swartz, 141 Ariz. 266,

Related

Carter v. Industrial Com'n of Arizona
893 P.2d 1291 (Arizona Supreme Court, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
862 P.2d 888, 176 Ariz. 515, 146 Ariz. Adv. Rep. 76, 1993 Ariz. App. LEXIS 185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marron-v-industrial-commission-arizctapp-1993.