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PETTINATO v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 3164.

144 Ariz. 501 (1984)

698 P.2d 746

Vincent PETTINATO, Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, CTI, Inc., Respondent Employer, United States Fidelity & Guaranty Company, Respondent Carrier.

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

Reconsideration Denied February 5, 1985.

Review Denied February 20, 1985.

Attorney(s) appearing for the Case

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

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

Kimble, Gothreau, Nelson & Cannon, P.C. by Michael J. Gothreau, Deborah Bernini, Daryl A. Audilett, Tucson, for respondent employer and respondent carrier.

OPINION

OGG, Judge.

The issue in this special action review of an Industrial Commission award dismissing respondents' request for hearing is whether the administrative law judge erred in denying claimant's request for attorneys' fees and costs. Because the administrative law judge had neither statutory nor rule authority to award attorneys' fees and costs, we affirm the award.

On March 21, 1977, claimant...

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