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NAGLIERI v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 13-0024.

336 P.3d 727 (2014)

Michael NAGLIERI, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Sun Devil Auto Parts, Inc., Respondent Employer, Wausau Business Ins. Co., Respondent Carrier.

Court of Appeals of Arizona, Division 1.

As Amended September 30, 2014.

Attorney(s) appearing for the Case

Taylor & Associates, PLLC By Dennis R. Kurth , Phoenix, Counsel for Petitioner.

Industrial Commission of Arizona By Andrew F. Wade , Phoenix, Counsel for Respondent ICA.

Cross & Lieberman, P.A. By Donald L. Cross , Phoenix, Counsel for Respondents Employer and Carrier.

Presiding Judge RANDALL M. HOWE delivered the opinion of the Court, in which Judge PATRICIA A. OROZCO joined and Judge SAMUEL A. THUMMA dissented.

OPINION

HOWE, Presiding Judge.

¶ 1 This is a special action review of an Industrial Commission of Arizona ("ICA") award and decision upon review for a non-compensable claim. We set aside the award because the administrative law judge ("ALJ") erred in refusing to schedule an additional hearing to receive evidence alleging that a witness presented fraudulent testimony at the ICA hearing.

FACTUAL AND PROCEDURAL HISTORY

¶ 2 Michael...

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