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AMERICAN FENCE CO. v. INDUSTRIAL COM'N.

No. 1 CA-IC 2071.

123 Ariz. 45 (1979)

597 P.2d 198

AMERICAN FENCE COMPANY and Mission Insurance Company, Petitioners, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, George L. Matienzo, Respondent Employee.

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

June 28, 1979.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, West-over, Killingsworth & Beshears by J. Victor Stoffa, Phoenix, for petitioners.

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

Christopher J. Philips by Christopher J. Philips, Phoenix, for respondent employee.

OPINION

HAIRE, Judge.

The issue raised on this review of an award entered by the Commission's hearing officer is whether the hearing officer may properly proceed with a hearing on the merits even though the claimant's request for hearing was filed after the claimant had executed a waiver of his right to a hearing, and in addition the request was otherwise untimely because it was not filed within 60 days after the issuance of the carrier's notice of claim status...

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