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UNITED ASPHALT OF ARIZ. v. INDUS. COM'N

No. 1 CA-IC 3052.

141 Ariz. 209 (1984)

685 P.2d 1361

UNITED ASPHALT OF ARIZONA, Petitioner Employer, Insurance Company of North America, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Stanley Rhoe, Respondent Employee.

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

August 2, 1984.

Attorney(s) appearing for the Case

Moore & Long by Joseph L. Moore and James B. Long, Phoenix, for petitioner employer and petitioner carrier.

Sandra Day, Chief Counsel, Phoenix, for respondent Industrial Com'n of Arizona.

Mark Mignella, Phoenix, for respondent employee.

OPINION

HAIRE, Judge.

The issue presented in this review is whether the Industrial Commission's administrative law judge abused his discretion in dismissing an untimely request for review filed by the petitioning carrier. We hold that he did, and remand the matter for a determination on the merits of the request for review.

The background facts are not in conflict and show that in June 1982, the carrier had issued a notice of claim status terminating...

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