Holler v. INDUSTRIAL COM'N OF ARIZ.

OPINION

CONTRERAS, Judge.

This is a special action review of a January 21, 1982, Industrial Commission award dismissing an untimely filed request for hearing which sought to protest an average monthly wage determination. The issues *149are (1) whether A.R.S. § 23-947(B)(1)1 excuses the late request, and (2) assuming no excuse, whether this subsection is constitutional. Because we conclude that the subsection of the statute is inapplicable to the attendant facts in this case and the subsection is constitutional, we affirm the award.

The petitioner employee (claimant) began working for the respondent…