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TALLEY v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 2809.

137 Ariz. 342 (1983)

670 P.2d 741

Shelby G. TALLEY, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, M & O Construction, Respondent Employer, Argonaut Insurance Company, Respondent Carrier.

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

Rehearing Denied September 27, 1983.

Attorney(s) appearing for the Case

Law Offices of Richard E. Taylor by Richard E. Taylor, Phoenix, for petitioner.

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

Jennings, Strouss & Salmon by Ronald H. Moore, Jefferson L. Lankford, Phoenix, for respondent employer and respondent carrier.

OPINION

OGG, Judge.

This is a special action review of a February 23, 1982 Industrial Commission award which found that petitioner employee Shelby G. Talley (petitioner) had waived his right to workmen's compensation benefits for failure to comply with A.R.S. § 23-1023(C). The issue presented is whether the petitioner must forgo benefits for failure to seek carrier approval of a claim settlement arising out of a separate, nonindustrial accident, where...

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