HEREDIA v. INDUSTRIAL COM'N OF ARIZONA

No. CV-97-0161-PR.

949 P.2d 969 (1997)

190 Ariz. 476

Antonio H. HEREDIA, Petitioner, v. INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Discovery West Ranches/Ken Sheely Ranches, Partners, Respondent Employer, State Compensation Fund, Respondent Carrier.

Supreme Court of Arizona, En Banc.

As Corrected January 14, 1998.


Attorney(s) appearing for the Case

J. Stanley Edwards, Phoenix, for Antonio H. Heredia.

Anita R. Valainis, Chief Counsel, Phoenix, Industrial Commission of Arizona.

Moore, Thomas & Lucas by Joseph L. Moore, Phoenix, for Discovery West Ranches, Ken Sheely Ranches, Partners, and State Compensation Fund.


OPINION

MARTONE, Justice.

This case requires us to explore the interplay among the Rules of Procedure for Special Actions, the Rules of Civil Appellate Procedure, and the Rules of Civil Procedure in a case in which an injured worker dies before the Industrial Commission makes an award. The court of appeals dismissed the worker's petition for special action. We reinstate it.

I. Procedural Background

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