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COHEN v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 2463.

133 Ariz. 24 (1982)

648 P.2d 139

Jack COHEN, aka Jack Collins (Deceased), Barbara Cohen (Widow), Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Transcontinental Mortgage Corp., Respondent Employer, The Ohio Casualty Insurance Company, Respondent Carrier.

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

Rehearing Denied June 15, 1982.

Review Denied July 7, 1982.

Attorney(s) appearing for the Case

Spencer K. Johnston, Phoenix, for petitioner employee.

James A. Overholt, Acting Chief Counsel, Industrial Com'n of Arizona, Phoenix, for respondent.

Jennings, Kepner & Haug by Craig R. Kepner, Diane D. Hienton, Phoenix, for respondent carrier.

OPINION

CONTRERAS, Judge.

At issue in this special action review of an Industrial Commission award is whether the administrative law judge abused his discretion in dismissing petitioner's claim as untimely filed without a meritorious excuse. We conclude that he did, and therefore set aside the award.

BACKGROUND

The essential dates and events are these:

March 28, 1978 Jack Cohen (Collins) was killed in Florida, allegedly within the...

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