 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Santiago v. Industrial Commission of6/2/1998
jurisdiction.
We note that the rationale for the ALJ's dismissal would have applied generally to every settled permanent disability dispute. In its answering brief, Sentry for the first time relied on the assumption of risk provision of this particular settlement agreement to justify the dismissal. This argument is belatedly presented for the first time in this special action. See, e.g., Stephens v. Industrial Comm'n, 114 Ariz. 92, 94, 559 P.2d 212, 214 (App. 1977). Furthermore, even if Claimant could and did contract away his right to rearrange under A.R.S. section 23-1044(F)(2), cf. Cigna Health Plan v. Industrial Comm'n, 168 Ariz. 118, 123, 811 P.2d 370, 375 (App. 1991) (reserving whether a claimant could contract away right to reopen but requiring unambiguous expression of intent to do so), this contractual defense would not support dismissing the rearrangement petition for lack of jurisdiction.
CONCLUSION
For the foregoing reasons, we set aside the award and decision upon review dismissing the rearrangement petition.
WILLIAM F. GARBARINO, Judge
CONCURRING: JAMES B. SULT, Presiding Judge THOMAS C. KLEINSCHMIDT, Judge
|