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KLEINSMITH v. INDUSTRIAL COMMISSION

No. 1 CA-IC 1267.

26 Ariz. App. 77 (1976)

546 P.2d 346

Nellie A. KLEINSMITH, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Circle K Corporation, Respondent Employer, Circle K Corporation, Respondent Carrier.

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

Rehearing Denied March 30, 1976.

Review Granted April 27, 1976.

Attorney(s) appearing for the Case

Davis, Eppstein & Tretschok by Dale D. Tretschok, Tucson, for petitioner.

Greg L. Folger, Chief Counsel, The Industrial Commission of Ariz., Phoenix, for respondent.

Glen D. Webster, Jr., Phoenix, for respondent carrier.

OPINION

WREN, Judge.

This review by certiorari raises but one issue: whether the hearing officer erred in refusing to waive the untimeliness of petitioner's request for hearing on a Notice of Claim Status denying her claim. We find that the decision was based on substantial evidence and therefore affirm the award.

On October 1, 1973, petitioner, Nellie A. Kleinsmith, filed a claim with the Industrial Commission alleging that she had suffered a myocardial...

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