Harrelson v. Industrial Com'n of Arizona

OPINION

EUBANK, Judge.

In this special action petitioner-employee Phyllis Harrelson (petitioner) asks that the late filing of her worker’s compensation claim be excused. In considering her petition, we must decide whether the 1980 amendments to A.R.S. § 23-1061(A) may be applied retroactively to her industrial injury that occurred prior to the effective date of the amendments. We conclude that the amended statute was properly applied retroactively, and that petitioner was not “insane or legally incompetent or incapacitated” within the present meaning of that statute so as to excuse her untimely…