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WORD v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 92-0143.

175 Ariz. 474 (1993)

857 P.2d 1328

Rhonda & Tommy WORD, husband and wife, dba Pacific Mechanical Service, Petitioner Employer, v. INDUSTRIAL COMMISSION OF ARIZONA, Respondent, No Insurance Section/Special Fund Division, Respondent Party In Interest, Robert Ruehrmund, Respondent Employee.

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

August 12, 1993.

Attorney(s) appearing for the Case

Richard A. Steiner, P.C. by Richard A. Steiner and Norris C. Livoni, Phoenix, for petitioner employer.

Anita R. Valainis, Chief Counsel, Indus. Com'n of Arizona, Phoenix, for respondent.

Indus. Com'n of Arizona, No Ins. Section/Special Fund Div. by Michael A. Mosesso, Phoenix, for respondent party in interest.

Robert E. Wisniewski, Phoenix, for respondent employee.

OPINION

FIDEL, Judge.

We hold in this opinion that an administrative law judge ("ALJ"), when awarding workers' compensation after a hearing, cannot modify a caption to include as an employer an individual who has not received notice of the claim or the opportunity to be heard.

I

The respondent employee ("claimant"), injured in a fall, filed a workers' compensation claim that listed as his employer "Word or Pacific Mechanical" at 5513 Morning...

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