Special Fund v. ICA/Buccino et al

Annotate this Case

Download PDF

NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24 DIVISION ONE FILED: 09/09/2010 RUTH WILLINGHAM, ACTING CLERK BY: GH IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE SPECIAL FUND DIVISION, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Petitioner, v. THE INDUSTRIAL COMMISSION OF ARIZONA, Respondent, VITO A. BUCCINO, Respondent Employee, CHAMPION ENTERPRISES, Respondent Employer, TRAVELERS PROPERTY CASUALTY CO. OF AMERICA, Respondent Carrier. The Michael court, J. Presiding Brown and Judge John C. No. 1 CA-IC 09-0053 DEPARTMENT B ICA Claim No. 20061-670137 Carrier Claim No. 127-CB-CMP0538-A DECISION ORDER Diane M. Gemmill, Johnsen and Judges participating, has considered the briefs and the record in this matter. The court notes that Petitioner Special Fund Division acknowledges that the sole issue presented is the legal issue this court resolved in Special Fund Div. v. McCarthy, 224 Ariz. No. 1 CA-IC 09-0053 ICA Claim No. 20061-670137 Carrier Claim No. 127-CV-CMP0538-A 29, 226 P.3d 398 (App. 2010). In its Notice of Controlling Law, filed July 6, 2010, petitioner observes that the Arizona Supreme Court has denied its petition for review in McCarthy and concedes that controls the our opinion right to in that matter apportionment is in now this final and matter. Accordingly, and upon consideration, IT IS ORDERED affirming the award and decision upon review. /s/ DIANE M. JOHNSEN, Presiding Judge 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.