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Hart v. Industrial Commission3/1/1994
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Hart claims that the March 6 Notice prevented the January 15 and January 31 Notices from becoming final. We disagree. Each of these notices carried its own statutorily-mandated protest period. See A.R.S. § 23-947(A). Because Hart failed to file a timely hearing request for either the January 15 or the January 31 Notices, these notices had become final before the March 6 Notice issued. See A.R.S. § 23-947(B) ("Failure to file [a request for hearing] with the commission within the required time by a party means that the determination by the commission . . . is final and res judicata to all parties."). The March 6 Notice did not affect the finality of the prior notices; it amended them by correcting the name of the employer. If Hart wished to protest the name of the employer as stated on the March 6 Notice, he had to file a protest within thirty days. When he did not do so, the March 6 Notice also became final. See id.
III.
The March 6 Notice did not affect the finality of the January 15 Notice or the January 31 Notices. There was no protest, timely or otherwise, to the January 31 and March 6 Notices. The protest letter challenged only the January 15 Notice, and the ALJ did not err in dismissing that protest letter as being untimely filed without a statutory excuse. The award is affirmed.
E. G. Noyes, Jr., Judge
CONCURRING:
Philip E. Toci, Presiding Judge
Susan A. Ehrlich, Judge
Page 1 2 3 4 Arizona Personal Injury Attorneys
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