(Download) "White v. Industrial Commission" by Arizona Court of Appeals No. 1 CA-IC 164 # Book PDF Kindle ePub Free
eBook details
- Title: White v. Industrial Commission
- Author : Arizona Court of Appeals No. 1 CA-IC 164
- Release Date : January 08, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
The petitioner was injured on 17 September 1965. His claim with The Industrial Commission was seasonably filed. His injuries were treated and he appeared before several medical consultation boards. On 20 September 1966 an Award was entered fixing his average monthly wage and determining that he had sustained a scheduled disability. Up to this point no formal hearing had been held and the petitioner was not represented by counsel. The Award was served and more than twenty days expired without an application for a formal hearing. An injured workman has the right to at least one formal hearing if a timely request is filed. Salmi v. Industrial Commission, 3 Ariz. App. 411, 415 P.2d 126 (1966) and Vidal v. Industrial Commission, 3 Ariz. App. 529, 416 P.2d 208 (1966). There must be at least one formal hearing conducted by the Industrial Commission before the action of The Industrial Commission is reviewable by the Court. Flannery v. Industrial Commission, 3 Ariz. App. 122, 412 P.2d 297 (1966). The failure of the petitioner to apply for a formal hearing within the twenty day period next following the Award of 20 September 1966 rendered the Award res judicata. Martinez v. Industrial Commission, 97 Ariz. 275, 399 P.2d 678 (1965).