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MARTIN v. INDUSTRIAL COMMISSION

No. 1 CA-IC 1941.

120 Ariz. 616 (1978)

587 P.2d 1193

Iva MARTIN, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, City of Tucson, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

December 5, 1978.

Attorney(s) appearing for the Case

Davis, Eppstein & Tretschok, P.C. by Philip J. Hall, Tucson, for petitioner.

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

Robert J. Park, Chief Counsel, State Compensation Fund by Robert T. Wilson, Tucson, for respondent employer and respondent carrier.

OPINION

NELSON, Acting Presiding Judge.

The primary question before the court in this case, although phrased by counsel in terms of due process, right to counsel, and duty to advise pro per applicants, is whether the hearing officer abused his discretion when he failed to continue the Industrial Commission hearing after an extensive discussion between the petitioner and the hearing officer regarding her right to retain counsel culminated in petitioner...

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