Iphaar v. Industrial Com'n of Arizona

OPINION

CLABORNE, Judge.

This special action calls into question the constitutionality of the procedure for a timely filing of an industrial claim under Ariz.Rev.Stat.Ann. (“A.R.S.”) section 23-947 (Supp.1991). Because portions of the statute do not comport with constitutional requirements, we set aside the award. The facts upon which this decision are based are as follows:

The petitioner employee sustained an industrial eye injury February 3, 1981. A workers’ compensation claim was filed, accepted for benefits, and a permanent im pairment was ultimately awarded and the file was then closed. In…