Massie v. Industrial Commission

I believe the Court’s construction of A. R.S. § 23-1061 (J) to be erroneous. According to the majority opinion, if a claimant appears to have a meritorious position, and the delay is not excessive, then his untimeliness in protesting Commission action may be waived. In effect, the Court states that the Commission may now apply the principles of Parsons, supra, Janis, supra, and Chavez, supra, pursuant to statutory authority.

In my opinion, the hearing officer properly construed § 23-1061 (J) when he found that before this section becomes applicable, a workman must first show that he is…