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EPSTEIN v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 3589.

154 Ariz. 189 (1987)

741 P.2d 322

Albert EPSTEIN, Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Steve Demenge, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

June 30, 1987.

Attorney(s) appearing for the Case

Rabinovitz & Associates, P.C. by Bernard I. Rabinovitz and Gary M. Israel, Tucson, for petitioner employee.

Dennis P. Kavanaugh, Chief Counsel The Indus. Com'n of Arizona, Phoenix, for respondent.

Robert K. Park, Chief Counsel State Compensation Fund by Fred R. Sands, Tucson, for respondent carrier.

OPINION

CONTRERAS, Judge.

In this special action review of an Industrial Commission award, we must determine whether the administrative law judge erred in dismissing the petitioner employee's (claimant's) untimely request for hearing. The evidence demonstrated and the administrative law judge found that neither claimant nor his attorney received a copy of the notice of claim status denying a petition to reopen. The administrative law judge therefore found...

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