Fidelity & Guaranty Insurance v. Industrial Commission

OPINION

FROEB, Judge.

This special action review of an Industrial Commission award raises two issues: whether the respondent employee timely requested a hearing on the petitioner carrier’s notice of claim status denying her petition to reopen and whether the rules of res judicata precluded the respondent from reopening her claim. The administrative law judge determined that the hearing request was timely filed and that the evidence established a previously undiscovered condition that entitled the respondent to reopen her claim. For the reasons given below, we affirm the award.

In an industrial…