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FIDELITY, ETC. v. INDUSTRIAL COM'N OF ARIZ.

No. 1 CA-IC 2418.

129 Ariz. 342 (1981)

631 P.2d 124

FIDELITY & GUARANTY INSURANCE COMPANY, Petitioner Insurance Carrier, Smitty's Super Valu, Inc., Petitioner Employer, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Patricia A. May, Respondent Employee.

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

Rehearing Denied June 28, 1981.

Review Denied July 7, 1981.

Attorney(s) appearing for the Case

Moore, Jennings, Kepner, Scheffing & Hart by Craig R. Kepner, Jack R. Cunningham, Phoenix, for petitioner Ins. Carrier and petitioner employer.

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

Gorey & Delaney by Edgar M. Delaney, Phoenix, for respondent employee.

OPINION

FROEB, Judge.

This special action review of an Industrial Commission award raises two issues: whether the respondent employee timely requested a hearing on the petitioner carrier's notice of claim status denying her petition to reopen and whether the rules of res judicata precluded the respondent from reopening her claim. The administrative law judge determined that the hearing request was timely filed and that the evidence established a previously...

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