Naglieri v. Industrial Commission

OPINION

HOWE, Presiding Judge.

¶ 1 This is a special action review of an Industrial Commission of Arizona (“ICA”) award and decision upon review for a non-compensable claim. We set aside the award because the administrative law judge (“ALJ”) erred in refusing to schedule an additional hearing to receive evidence alleging that a witness presented fraudulent testimony at the ICA hearing.

FACTUAL AND PROCEDURAL HISTORY

¶ 2 Michael Naglieri worked as an automobile mechanic for Sun Devil Auto Parts, Inc. (“Sun Devil”) in Fountain Hills, Arizona. Naglieri, a gun collector, had brought his 1919 Browning…