Epstein v. Industrial Com'n of Arizona

OPINION

CONTRERAS, Judge.

In this special action review of an Industrial Commission award, we must determine whether the administrative law judge erred in dismissing the petitioner employee’s (claimant’s) untimely request for hearing. The evidence demonstrated and the administrative law judge found that neither claimant nor his attorney received a copy of the notice of claim status denying a petition to reopen. The administrative law judge therefore found that claimant met the requirements of A.R.S. § 23-947(B)(3), which excuses a late filing. However, the administrative law judge further found…