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EDMUNDS v. INDUSTRIAL COMMISSION

No. 1 CA-IC 2213.

126 Ariz. 486 (1980)

616 P.2d 946

James B. EDMUNDS, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Foam Tech, Inc., Respondent Employer, Industrial Indemnity Company, Respondent Carrier.

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

Rehearing Denied September 3, 1980.

Review Denied September 23, 1980.

Attorney(s) appearing for the Case

Law Offices of Dale D. Tretschok by Dale D. Tretschok, Brian I. Clymer, Tucson, for petitioner.

Calvin Harris, Chief Counsel, Industrial Commission of Arizona, Phoenix, for respondent.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Larry L. Smith, Donald L. Cross, Phoenix, for respondent employer and respondent carrier.

OPINION

CONTRERAS, Judge.

The question in this Industrial Commission special action is whether a carrier may suspend benefits under A.R.S. § 23-1026(C) when a workmen's compensation claimant fails to attend a medical examination because the claimant, due to errors in the postal delivery system that are beyond his control, did not receive notice of the scheduled examination.

Petitioner, employee James B. Edmunds, sustained an industrially-related...

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