Edmunds v. Industrial Commission

OPINION

CONTRERAS, Judge.

The question in this Industrial Commission special action is whether a carrier may suspend benefits under A.R.S. § 23-1026(C) when a workmen’s compensation claimant fails to attend a medical examination because the claimant, due to errors in the postal delivery system that are beyond his control, did not receive notice of the scheduled examination.

Petitioner, employee James B. Edmunds, sustained an industrially-related back injury in 1976. His workmen’s compensation claim was accepted for benefits and eventually closed with no permanent impairment in May of 1977.…