Kessen v. Stewart
In Kessen v. Stewart, 195 Ariz. 488, 990 P.2d 689 (App. 1999), the uninsured employer protested the ICA's approval of a lump-sum commutation awarded to the claimant.
The Court held that the statute requiring consent of the "carrier liable to pay the claim" referred to the Special Fund, which was primarily liable for the claim, and not to the uninsured employer who was secondarily liable to the Special Fund. Id. at 491, PP9-10, 990 P.2d at 692.
The Court noted that this provision was consonant with the uninsured employer's due process rights since the employer was afforded notice and a hearing in which its objection was considered and which protest was presented by the employer's attorney. Id. at 492-93, PP16-17, 990 P.2d at 693-94.