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SHERMAN v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 3689.

158 Ariz. 177 (1988)

761 P.2d 1081

Walter SHERMAN, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Progressive Mechanical, Inc., Respondent Employer, Eagle Star Insurance Company of America, c/o Gab Business Services, Respondent Carrier. Walter SHERMAN, Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Glendale Plumbing, Respondent Employer, Eagle Star Insurance Company of America, c/o Gab Business Services, Respondent Carrier.

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

Reconsideration Denied October 7, 1988.

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 J. Victor Stoffa, Phoenix, for respondents Employers and Carrier.

OPINION

EUBANK, Judge.

This is a special action review of a consolidated Industrial Commission award which found, in part, that petitioner's claim of February 14, 1986 "for a rash which appeared on [petitioner's] lower abdomen" was untimely filed, depriving the commission of jurisdiction to decide the merits of the claim.

Petitioner ("Sherman") presents the following question for review:

Whether the claim filed February 14, 1986, for the claimant...

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