Kentucky Fried Chicken v. Industrial Commission

OPINION

ÓGG, Judge.

This is a special action review of an Industrial Commission award and decision upon review. The respondent employee challenges the award, which determined that his industrial injury had not aggravated a preexisting hip condition. The petitioners employer and carrier challenge the decision upon review, which required the carrier to pay for medical treatment of the hip condition as a penalty for its failure to issue a notice of claim status on time. We set aside the award and decision upon review because the penalty was improperly imposed.

In 1976, the respondent employee…