BROWN v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 3638.

154 Ariz. 252 (1987)

741 P.2d 1230

Jarenell BROWN, Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Bechtel Construction, Inc., Respondent Employer, Industrial Indemnity Company, Respondent Carrier.

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

June 30, 1987.


Attorney(s) appearing for the Case

Ely, Bettini & Ulman by Joseph M. Bettini, Phoenix, for petitioner employee.

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

O'Connor, Cavanagh, Anderson, Westover Killingsworth & Beshears by Donald L. Cross, Larry L. Smith, Phoenix, for respondent employer & carrier.


OPINION

KLEINSCHMIDT, Judge.

This is a special action review of an Industrial Commission award dismissing the hearing request of the employee (claimant) because she failed to appear at the first scheduled hearing. We must decide whether the administrative law judge abused his discretion by imposing this sanction. We find an abuse of discretion and therefore set aside the award.

The claimant was injured at work on September 15, 1985, when she stepped...

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