Brown v. Industrial Commission

OPINION

KLEINSCHMIDT, Judge.

This is a special action review of an Industrial Commission award dismissing the hearing request of the employee (claimant) because she failed to appear at the first scheduled hearing. We must decide whether the administrative law judge abused his discretion by imposing this sanction. We find an abuse of discretion and therefore set aside the award.

The claimant was injured at work on September 15, 1985, when she stepped into a hole, fell, and injured her right side from *253her neck to her leg. Compensability was accepted. The treating physician, David Dinin, D.O.,…