Industrial Commission of Arizona v. Parise

HATHAWAY, Judge.

The appellee, plaintiff in the court below, obtained a default judgment permanently enjoining the Commission from deducting unemployment benefits from workmen’s compensation benefits which the plaintiff and all others similarly situated might receive in the future. Briefly, the chronology is as follows.

In March, 1968, the plaintiff filed a complaint pursuant to A.R.S. § 23-946, alleging his dissatisfaction with an order of the Commission on the ground that it was unreasonable and unlawful. The record does not disclose when service upon the defendant Commission was…