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STANGE CO. v. INDUSTRIAL COMMISSION OF ARIZ.

No. 1 CA-IC 1828.

120 Ariz. 241 (1978)

585 P.2d 261

STANGE COMPANY and Fireman's Fund Insurance Companies, Petitioners, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Rex Poindexter, Respondent Employee, Cal-Compack Foods, Beatrice Foods Company, Respondent Employer, Gallagher Bassett Insurance Service, Affiliated FM Insurance Company, Respondent Carriers.

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

August 22, 1978.

Attorney(s) appearing for the Case

Rabinovitz, Minker & Dix, P.C. by Bernard I. Rabinovitz and Charles H. Rehling, Tucson, for petitioners.

John H. Budd, Jr., Chief Counsel, The Industrial Commission of Arizona, Phoenix, for respondent.

Davis, Eppstein & Tretschok, P.C. by Robert W. Eppstein, Tucson, for respondent employee.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by J. Victor Stoffa, Phoenix, for respondent employer and respondent carriers.

OPINION

WREN, Judge.

In this special action, the petitioner employer, Stange Company, attacks an award of the Industrial Commission as being unsupported by the evidence. Stange further alleges that the award must be set aside because the employee failed to show a meritorious reason for the late filing of his request for hearing, thereby depriving the Commission of jurisdiction to entertain the merits of petitioner's protest of the action taken on his claim...

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