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Dodson v. St. Joseph's, Ariz. Ct. App. (2015)
Dodson v. St. Joseph's, Ariz. Ct. App. (2015)
UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL
AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.
IN THE
T H U M M A, Judge:
1
This is a special action review of an Industrial Commission of
Arizona (ICA) award and decision upon review by an administrative law
judge (ALJ) dismissing a request for hearing. Claimant Diana Dodson
alleges the dismissal was an abuse of discretion and an improper
consequence for her failure to appear and provide any evidence supporting
her claim. Because Dodson has shown no error, the award is affirmed.
FACTS AND PROCEDURAL HISTORY
2
Dodson claims she sustained a mental injury on December 1,
2008 while employed by respondent employer St. Josephs Hospital &
Medical Center. Dodsons workers compensation claim, filed in 2014, was
denied by the respondent carrier Dignity Health/Sedgwick. Dodson timely
challenged that denial, and in mid-June 2014, the ALJ set a hearing for
September 25, 2014. Dodson was self-represented during much of the time
the matter was pending with the ICA. At Dignitys request, the ALJ reset
the hearing to September 24, 2014 (the day before the original September 25
2014 setting) in a written notice dated June 24, 2014 that was timely served
on Dodson.
3
Dodson and Dignity then listed witnesses and undertook
various other prehearing activities. Although Dignity filed its records into
evidence as required, Dodson did not. See Arizona Administrative Code
(A.A.C.) R20-5-155 (2015).1 Dignity raised affirmative defenses challenging
the timeliness of Dodsons claim. See Ariz. Rev. Stat. (A.R.S.) 23-1061 (one
year limitations period for workers compensation claims); A.R.S. 23-908
Absent material revisions after the relevant dates, statutes and rules cited
refer to the current version unless otherwise indicated.
1
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