Tartaglia v. Industrial Commission

OPINION

MOELLER, Vice Chief Justice.

STATEMENT OF THE CASE

This is an Industrial Commission case in which we granted, in part, the employee’s petition to review a court of appeals’ opinion affirming an award of the Administrative Law Judge (ALJ). Tartaglia v. Industrial Comm’n, 176 Ariz. 513, 862 P.2d 886 (App. 1993). The ALJ and the court of appeals held that the employee, Pete Tartaglia, was not entitled to certain worker’s compensation benefits because he had not been incapacitate ed for a period of time sufficient to meet the threshold requirement of AR.S. § 23-1062(B). In so holding, the…