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BORQUEZ v. INDUSTRIAL COM'N OF ARIZ.

No. 1 CA-IC 90-171.

171 Ariz. 396 (1991)

831 P.2d 395

Anthony BORQUEZ, Petitioner, v. INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Excel Industries, Respondent Employer, Orion Group, Respondent Carrier.

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

Reconsideration Denied February 7, 1992.

Review Denied June 16, 1992.

Attorney(s) appearing for the Case

Rabinovitz & Associates, P.C., by Spencer K. Johnston, Phoenix, for petitioner.

Anita R. Valainis, Chief Counsel, Indus. Com'n of Arizona, Phoenix, for respondent.

Wisniewski & Fendon, P.C., by Don A. Fendon and Jonathan H. Grinder, Phoenix, for respondents employer and carrier.

OPINION

SHELLEY, Judge.

This is a special action review of an Industrial Commission of Arizona award dismissing an untimely hearing request. Two issues are presented on review: (1) whether the administrative law judge erred by failing to excuse the untimely hearing request; and (2) whether the November 16, 1989, notice of average monthly wage was void pursuant to Roseberry v. Industrial Comm'n, 113 Ariz. 66,

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