(Download) "Rosovich v. Industrial Commission" by Arizona Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Rosovich v. Industrial Commission
- Author : Arizona Supreme Court
- Release Date : January 27, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The facts necessary for a determination of this matter are as follows. Claimant suffered a compensable industrial injury in April, 1979. Benefits were paid until 6 June 1979, when it was determined that claimant had suffered no permanent disability. After claimants timely petition to reopen was denied, a formal hearing was requested and interrogatories were served on the respondent carrier on 6 October 1980. The hearing was set for 17 November 1980. During this time, claimants attorney was suffering from a thyroid problem which required radiation therapy and medication. On the day of the hearing, claimants attorney was hospitalized and another attorney in the office was substituted in the case. The substitute attorney realized, on the day of the hearing, that the respondent attorney had failed to answer interrogatories and that Dr. Varon, the claimants medical witness, had not been subpoenaed for the hearing. The substitute attorney moved for sanctions against the respondent carrier for its failure to answer interrogatories, urging that defendants be precluded from introducing medical evidence. The attorney also moved that a further hearing be set in order to obtain the testimony of Dr. Varon. The administrative law judge denied the motion, relying upon the statement of the Court of Appeals in Camelback Contractors, Inc. v. Industrial Commission, 125 Ariz. 205, 608 P.2d 782 (App.1980) which, though holding that exclusion of evidence was proper for failure to answer interrogatories, had stated that for the future, the failure to move to compel answers prior to hearing "may well" constitute a waiver of the failure to disclose. As to the request for a further hearing, the administrative law judge stated:
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