Asarco Inc. v. Industrial Commission

OPINION

WEISBERG, Judge.

¶ 1 We review an Industrial Commission of Arizona (“Commission”) award finding a Notice of Permanent Disability or Death Benefits to be final and res judicata notwithstanding its erroneous grant of excessive benefits. The issue is whether the notice is void ab initio or is final and res judicata. We affirm the award, concluding that it is final and res judicata.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 Roy D. Duke (“Duke”) was injured on February 20, 1996. When Duke died on January 25, 1999, his widow, Karla Duke (“Claimant”), filed a claim for widow’s and dependent’s death…