NCR CORP. v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC-3062.

142 Ariz. 167 (1984)

688 P.2d 1059

NCR CORPORATION and National Union Fire Insurance of Pittsburgh, Petitioners, v. INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Mercie Plowman, Respondent Employee.

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

June 19, 1984.


Attorney(s) appearing for the Case

Moore & Long by Joseph L. Moore, Phoenix, for petitioners.

Sandra Day, Chief Counsel, The Industrial Commission of Arizona, Phoenix, for respondent.

Ely, Bettini & Ulman by J. Wayne Turley, Phoenix, for respondent employee.


OPINION

FROEB, Judge.

This is a special action review of an Industrial Commission award vacating a termination notice because the notice is void. Several issues are presented, but the dispositive one is whether, despite uncontradicted medical evidence of permanent impairment, a carrier may terminate benefits without permanent impairment solely because a claimant fails to respond to a "twenty-day" letter. We agree...

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