Ruth v. Industrial Commission

In Ruth v. Industrial Commission, 107 Ariz. 572, 490 P.2d 828 (1971) the plaintiffs had claimed that the workers' compensation carrier should "pay its fair share" of the reasonable attorney's fees and expenses actually incurred in securing the third-party recovery. Ruth v. Industrial Comm'n, 14 Ariz. App. 324, 327, 483 P.2d 65, 68, vacated in 107 Ariz. 572, 490 P.2d 828 (1971). The Arizona Supreme Court expressly agreed with the court of appeals' rejection of that claim and with that court's conclusion that, under the 1965 statute, "'the insurer could not be required to pay its fair share.'" Ruth, 107 Ariz. at 575, 490 P.2d at 831.