Israel v. Industrial Com'n of Arizona

JACOBSON, Presiding Judge,

specially concurring:

While I agree that the award in this case must be set aside for the failure of the administrative law judge to apply the proper legal test for suspension of benefits, I do not agree with the inference that the carrier has the burden of showing why A.R.S. § 23-1026 is not applicable.

My reading of the majority opinion seems to give the absolute right to a permissive out-of-state claimant to have medical examinations out of state and the burden is on *129the carrier to show why such a right should not be exercised. To put this matter in proper…