Arizona Laws 23-943. Decision on review
A. The request for review of an administrative law judge award need only state that the party requests a review of the award. The request may be accompanied by a memorandum of points and authorities, in which event any other interested party shall have fifteen days after the date of filing in which to respond. Failure to respond will not be deemed an admission against interest.
Terms Used In Arizona Laws 23-943
- Award: means the finding or decision of an administrative law judge or the commission as to the amount of compensation or benefit due an injured employee or the dependents of a deceased employee. See Arizona Laws 23-901
- Commission: means the industrial commission of Arizona. See Arizona Laws 23-901
- Compensation: means the compensation and benefits provided by this chapter. See Arizona Laws 23-901
- Interested party: means the employer, the employee, or if the employee is deceased, the employee's estate, the surviving spouse or dependents, the commission, the insurance carrier or their representative. See Arizona Laws 23-901
- service: means either:
(a) Mailing to the last known address of the receiving party. See Arizona Laws 23-901
- Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
B. The request for review shall be filed with the administrative law judge division and copies of the request shall be served on all other parties to the proceeding.
C. If review has been requested, the record of such oral proceedings at the hearings before the administrative law judge for purposes of the review shall be transcribed at the expense of the commission.
D. Notice of the review shall be served on the parties.
E. The review shall be made by the presiding administrative law judge and shall be based on the record and the memoranda submitted under the provisions of subsection A of this section.
F. The presiding administrative law judge may affirm, reverse, rescind, modify or supplement the award and make such disposition of the case as is determined to be appropriate. A decision on review shall be made within sixty days after the review has been requested, with preference being given to those cases not receiving compensation.
G. The decision on review shall become a part of the commission file and a copy thereof shall be served on the parties.
H. The decision on review shall be final unless within thirty days after the date of service of such decision to the parties, one of the parties applies to the court of appeals for a writ of certiorari pursuant to section 23-951. The decision shall contain a statement explaining the rights of the parties under this section and section 23-951.