HOLDING v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 2884.

139 Ariz. 548 (1984)

679 P.2d 571

Marsha A. HOLDING, Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Frank Hernandez, dba Carousel Ice Cream, Respondent Employer.

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

March 20, 1984.


Attorney(s) appearing for the Case

Tretschok, McNamara & Clymer, P.C. by Patrick R. McNamara, Tucson, for petitioner employee.

Sandra A. Day, Chief Counsel by Sandra A. Day and Roger Rea, Phoenix, for respondent The Industrial Commission of Arizona.


OPINION

HAIRE, Judge.

On this review of an award entered by the respondent Commission in a workmen's compensation proceeding, two issues are presented: (1) When the employer protests the Industrial Commission's initial award in a "no insurance" claim, does the claimant have the burden of proving compensability at the subsequent administrative hearing; and (2) Did the administrative law judge abuse his discretion in this proceeding by denying compensability...

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