Nolden v. Industrial Commission

OPINION

O’CONNOR, Judge.

This special action challenges the decision of the Industrial Commission administrative law judge1 dismissing a request for hearing for failure of the petitioner to appear at a properly noticed deposition.

Under the facts of this case, we find the dismissal of the request for hearing was a valid exercise of discretion by the administrative law judge. We, therefore, affirm the award.

Petitioner, Dale A. Nolden, injured his left hip during the course of his employment on March 13, 1979, while he was kneeling in an awkward position installing baseboard in a closet. He filed…