Cohen v. Industrial Com'n of Arizona

OPINION

CONTRERAS, Judge.

At issue in this special action review of an Industrial Commission award is whether the administrative law judge abused his discretion in dismissing petitioner’s claim as untimely filed without a meritorious excuse. We conclude that he did, and therefore set aside the award.

BACKGROUND

The essential dates and events are these:

March 28,1978 Jack Cohen (Collins) was killed in Florida, allegedly within the course of his employment.

August 3, 1978 Eugene Keller, counsel for the estate of Jack Cohen, having been contacted by the stepson of Barbara Cohen, the widow (hereafter…