Marriott Corp. v. Industrial Commission

OPINION

FROEB, Chief Judge.

This is a special action review of an Industrial Commission award dismissing one hearing request and accepting the withdrawal of another. This finalized an average monthly wage determination without a hearing on the merits. We must decide whether the limitations period governing hearing requests applies to the dismissed request, which admittedly was filed after the limitations period but before the withdrawal of the other timely hearing request. We also must decide whether the withdrawal was proper because the alleged miscalculation was not diligently discovered.…