No. 1 CA-IC 1975.

122 Ariz. 16 (1979)

592 P.2d 1282

Dan F. KEELER, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, A.J. Gilbert Construction Co., Respondent Employer, Hartford Accident & Indemnity Co., Respondent Carrier.

Court of Appeals of Arizona, Division 1, Department C.

Rehearing Denied March 19, 1979.

Review Denied April 3, 1979.

Attorney(s) appearing for the Case

Miller, Pitt & Feldman, P.C. by Samuel L. Moffett, Tucson, for petitioner.

John H. Budd, Jr., Chief Counsel, The Industrial Commission of Arizona, Phoenix, for respondent.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by J. Victor Stoffa, Phoenix, for respondents carrier and employer.


WREN, Presiding Judge.

In this workmen's compensation case, petitioner Dan F. Keeler urges us to set aside an award which found that he had failed to file a timely claim for benefits. The hearing officer issuing this award declined to excuse the late claim filed by petitioner and, therefore, dismissed his claim for lack of jurisdiction. Finding that the hearing officer applied the wrong test, we set aside the award.

Petitioner was employed...

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