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HOLLER v. INDUSTRIAL COM'N OF ARIZ.

No. 1 CA-IC 2805.

140 Ariz. 148 (1983)

680 P.2d 1209

Richard L. HOLLER, Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Mort's Body Shop, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Rehearing Denied October 6, 1983.

Review Granted November 1, 1983.

Attorney(s) appearing for the Case

Tretschok, McNamara & Clymer, P.C. by Dale D. Tretschok, Tucson, for petitioner.

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

Robert K. Park, Chief Counsel, State Compensation Fund by Smith Michael, Tucson, for respondents Employer & Carrier.

OPINION

CONTRERAS, Judge.

This is a special action review of a January 21, 1982, Industrial Commission award dismissing an untimely filed request for hearing which sought to protest an average monthly wage determination. The issues are (1) whether A.R.S. § 23-947(B)(1)1 excuses the late request, and (2) assuming no excuse, whether this subsection is constitutional. Because we conclude...

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