Adams v. Industrial Commission

OPINION

NELSON, Presiding Judge.

This decision presents for review the question of the validity of Rule 13d, Rules of Procedure for Workmen’s Compensation Hearings Before the Industrial Commission of Arizona (November 1, 1973). We hold that Rule 13d, hereinafter quoted, as applied by the hearing officer is in excess of the statutory rule making grant to the Industrial Commission of Arizona. We also hold that the rule itself does not mandate the hearing officer’s legal conclusion and when viewed in the light of this opinion the rule does not fall within constitutional prohibitions. This holding…