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DANCING SUNSHINES v. INDUS. COM'N OF ARIZ.

No. 1 CA-IC 3224.

149 Ariz. 484 (1985)

720 P.2d 85

DANCING SUNSHINES LOUNGE, Petitioner Employer, State Compensation Fund, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Shelley R. Johns, Respondent Employee.

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

July 11, 1985.

Attorney(s) appearing for the Case

Robert K. Park, Chief Counsel, State Compensation Fund by Robert T. Wilson, Phoenix, for petitioner Employer and petitioner Carrier.

Dennis P. Kavanaugh, Chief Counsel, Indus. Com'n, Phoenix, for respondent.

Christopher J. Philips, Phoenix, for respondent Employee.

OPINION

GREER, Judge.

Where the respondent in a special action review of an Industrial Commission award fails to file an answering brief, and this court, in its discretion, treats the failure as a confession of reversible error, does the rule of law implicitly decided then become the law of the case? We answer the question in the affirmative, and set aside the award.

The facts necessary to our determination are as follows: On March 25, 1981, the respondent...

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