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Industrial Comm’n of Arizona v. Martin

Date: August 11, 2011

Superior Court of Arizona VICTORY!

NFIB has joined the fight against the state of Arizona’s unconstitutional taking of funds from the state’s workers’ compensation fund.  On January 31, 2009 Arizona Governor Jan Brewer signed SB 1001, which sweeps over $4 million from the state’s Special Fund of the Industrial Commission, the fund established by Arizona’s workers’ compensation statute to ensure injured workers receive benefits mainly in cases where the employer is uninsured or the insurance carrier is insolvent. These millions of dollars were used to balance the state’s budget in violation of the state’s constitution and workers’ compensation statute that clearly state that money from the Special Fund may only be used to cover workers’.

Status:  DECIDED.  Motion to Intervene granted 1/5/10.  Court ruled 6/21/10 in favor of the plaintiffs that funds were held in trust.

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