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NOLDEN v. INDUS. COM'N

No. 1 CA-IC 2302.

127 Ariz. 501 (1980)

622 P.2d 60

Dale A. NOLDEN, Petitioner-Employee, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Del E. Webb Development Company, Respondent-Employer, Del E. Webb Development Company, Respondent-Carrier.

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

Rehearing Denied December 16, 1980.

Review Denied January 6, 1981.

Attorney(s) appearing for the Case

Kenneth A. Winsberg and Robert Y. Thrasher by Kenneth A. Winsberg, Phoenix, for petitioner-employee.

Calvin Harris, Chief Counsel, Industrial Commission of Arizona, Phoenix, for respondent.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Donald L. Cross, and Larry L. Smith, Phoenix, for respondents-employer and carrier.

OPINION

O'CONNOR, Judge.

This special action challenges the decision of the Industrial Commission administrative law judge1 dismissing a request for hearing for failure of the petitioner to appear at a properly noticed deposition.

Under the facts of this case, we find the dismissal of the request for hearing was a valid exercise of discretion by the administrative law judge. We, therefore, affirm the award.

Petitioner...

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