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IPHAAR v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 90-136.

171 Ariz. 423 (1992)

831 P.2d 422

Frank IPHAAR, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Don Sanderson Ford, Respondent Employer, Argonaut Insurance Company, Respondent Insurance Carrier.

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

Reconsideration Denied June 12, 1992.

Attorney(s) appearing for the Case

Lawrence P. Nicholls, Phoenix, for petitioner.

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

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

OPINION

CLABORNE, Judge.

This special action calls into question the constitutionality of the procedure for a timely filing of an industrial claim under Ariz. Rev. Stat. Ann. ("A.R.S.") section 23-947 (Supp. 1991). Because portions of the statute do not comport with constitutional requirements, we set aside the award. The facts upon which this decision are based are as follows:

The petitioner employee sustained an industrial eye injury February 3...

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