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HART v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 92-0189.

180 Ariz. 307 (1994)

884 P.2d 193

Robert M. HART and Jane Doe Hart; Anthony W. Trifari and Jane Doe Trifari dba National Bakeries of Arizona, Inc., aka Napoli Bakery, Petitioners, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, No Insurance/Special Fund, Respondent Party in Interest, Alex Kara, Respondent Employee.

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

Review Denied November 29, 1994.

Attorney(s) appearing for the Case

Jones, Skelton & Hochuli by Charles G. Rehling, III, Phoenix, for petitioners.

The Industrial Commission of Arizona by Anita R. Valainis, Chief Counsel, Phoenix, for respondent.

The Industrial Commission of Arizona, No Ins. Section/Special Fund Div. by Laura L. McGrory, Phoenix, for respondent Party In Interest.

Jerome, Gibson, Stewart, Friedman & Stevenson, P.C. by James L. Stevenson, Phoenix, for respondent Employee.

OPINION

NOYES, Judge.

We are asked to set aside an Industrial Commission award that dismissed as untimely the request for hearing filed by Petitioners, an uninsured employer. Three questions are presented:

1. Is Arizona Revised Statutes ("A.R.S.") section 23-947(A), which limits an uninsured employer's protest period to thirty days, unconstitutional? 2. Were the notices of determination issued in this case so ambiguous and confusing that...

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