Coulter v. Industrial Commission

OPINION

ACKERMAN, Judge.

¶ 1 Petitioner (“Claimant”) seeks Rule 10 special action review of an Industrial Commission of Arizona (“Commission”) Award and Decision Upon Review dismissing her Petition to Reopen. Claimant timely filed letters from her treating physician that supported reopening, but her treating physician died prior to the hearing. Because the authoring doctor’s death prevented cross-examination, the Administrative Law Judge (“ALJ”) ruled that the letters could not be admitted as a matter of law and dismissed the Petition for lack of supporting medical *386evidence. We conclude that…