Hart v. Industrial Commission

OPINION

NOYES, Judge.

We are asked to set aside an Industrial Commission award that dismissed as untimely the request for hearing filed by Petitioners, an uninsured employer. Three questions are presented:

1. Is Arizona Revised Statutes (“A.R.S.”) section 23-947(A), which limits an uninsured employer’s protest period to thirty days, unconstitutional?

2. Were the notices of determination issued in this case so ambiguous and confusing that they denied the employer due process of law?

3. Did a notice of determination amending two prior notices of determination prevent the earlier notices from…