GAC, MFG/PROCESSING v. Busbin

Ruffin, Judge.

In this workers’ compensation case, the ALJ denied the employee’s claim without hearing any of the employer’s evidence; the appellate division reversed the denial and remanded the claim for taking the employer’s evidence; and the superior court affirmed the appellate division’s decision. We granted the discretionary application to determine whether the appeal of the appellate division’s decision was premature.

The record shows that Cecil Bushin was employed as a truck driver by Orilla Gin, Inc., and he sustained a broken neck when his truck ran off the road as he was hauling a…