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GILA VALLEY BLOCK CO. v. INDUSTRIAL COM'N

No. 1 CA-IC 1862.

120 Ariz. 264 (1978)

585 P.2d 572

GILA VALLEY BLOCK COMPANY, INC., Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Ernest P. Casas, Respondent Employee, State Compensation Fund, Respondent Carrier.

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

Rehearing Denied September 29, 1978.

Review Denied October 11, 1978.

Attorney(s) appearing for the Case

Rabinovitz, Dix & Sands, P.C. by Bernard I. Rabinovitz, Charles G. Rehling, Tucson, for petitioner.

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

Davis, Eppstein & Tretschok, P.C. by Patrick R. McNamara, Tucson, for respondent employee.

OPINION

NELSON, Judge.

This special action presents for review the question of the validity of Rule 29, Rules of Procedure for Workmen's Compensation Hearings before the Industrial Commission of Arizona. We hold that Rule 29 is in excess of the statutory rule-making grant to the Industrial Commission and therefore invalid.

The workmen's compensation claimant in this action filed a petition to reopen his claim on December 20, 1976. The State Compensation...

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