Naglieri v. Industrial Commission

¶ 32 The Majority correctly states the administrative law judge (ALJ) had the discretion to grant Claimant Michael Naglieri’s request for an additional evidentiary hearing. Given the record and the deferential standard of review, however, I do not agree with the Majority’s conclusion that the ALJ lacked the discretion to deny Naglieri’s request for an additional evidentiary hearing. Accordingly, because the ALJ did not abuse her discretion, I would affirm, and because I would affirm, I respectfully dissent.

¶ 33 Mark Meyer’s affidavit, with the exception of a single sentence discussed below,…