Arizona Department of Administration v. Cox
In Arizona Department of Administration v. Cox, 222 Ariz. 270, 213 P.3d 707 (App. 2009), the State sought recovery of $25,012 in medical costs from Cox because he received treatment through State-sponsored health insurance. 222 Ariz. at 272, 278,2-3, 35, 213 P.3d at 709, 715.
Cox settled his claim against the tortfeasor for $30,000, which after deducting attorneys' fees, left him with a net recovery of $21,746. Id. at 278,35, 213 P.3d at 715.
The State argued that it was entitled to recover the full amount of its claim, $25,012. Id.
The Court rejected that argument, reasoning that 12-962(B)(3) limits the State's recovery to the amount that Cox had received, and because attorneys' fees are not included in that amount, Cox only received $21,746. Id. at 279,36-37, 213 P.3d at 716.