Thiel v. Industrial Commission

Arizona Supreme Court

Thiel v. Industrial Commission

396 P.2d 617, 97 Ariz. 49, 1964 Ariz. LEXIS 189

CourtArizona Supreme Court

DecidedNovember 12, 1964

Docket8571

StatusPublished

Cited by2 cases

This text of 396 P.2d 617 (Thiel v. Industrial Commission) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Thiel v. Industrial Commission, 396 P.2d 617, 97 Ariz. 49, 1964 Ariz. LEXIS 189 (Ark. 1964).

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Opinion

STRUCKMEYER, Justice.

This is án original proceeding in manda'mus directed to the Industrial Commission of Arizona praying that the Commission and its duly constituted members be compelled to hold a hearing on a widow’s claim for compensation.

Ann Thiel, petitioner, is the widow of Howard Thiel who, it is alleged, on March 5, 1963, suffered an injury arising out of and in the course of his employment. From the injury, Howard Thiel died on April 1, 1963. Petitioner filed a widow’s claim for compensation which the Commission denied on December 23, 1963. c

The action of the Commission was timely protested and an application -for rehearing filed. Thereafter, a hearing was-'set -for *50 April 6, 1964, which was postponed by the Commission. Another hearing was set for June 4, 1964, which was postponed by the Commission. A third hearing was set for August 11, 1964, which was postponed by the Commission, and a fourth hearing was set for September 3, 1964, which was also postponed. Petitioner asked only that she be given a hearing and a decision on her petition for rehearing.

Respondent, the Industrial Commission, has set forth no reason why it has not proceeded to a determination of this matter. The members of this Court, at the hearing on this petition on November 4, 1964, being of the view that the delay was unreasonable, directed that a peremptory writ issue directing the Commission to proceed promptly with a hearing.

Respondent has advised us that a further hearing has been set for December 7, 1964, at the hour of 9:30 a. m. Accordingly, it is directed that the hearing requested by petitioner is fixed for that date and the Commission is further ordered promptly and expeditiously to proceed to a final determination in accordance with the facts and law applicable thereto.

It is ordered that the peremptory writ heretofore issued be made permanent.

UDALL, C. J., LOCKWOOD, V. C. J., and BERNSTEIN and SCRUGGS, JJ., concur.

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STRUCKMEYER, Justice.

This is án original proceeding in manda'mus directed to the Industrial Commission of Arizona praying that the Commission and its duly constituted members be compelled to hold a hearing on a widow’s claim for compensation.

Ann Thiel, petitioner, is the widow of Howard Thiel who, it is alleged, on March 5, 1963, suffered an injury arising out of and in the course of his employment. From the injury, Howard Thiel died on April 1, 1963. Petitioner filed a widow’s claim for compensation which the Commission denied on December 23, 1963. c

The action of the Commission was timely protested and an application -for rehearing filed. Thereafter, a hearing was-'set -for *50 April 6, 1964, which was postponed by the Commission. Another hearing was set for June 4, 1964, which was postponed by the Commission. A third hearing was set for August 11, 1964, which was postponed by the Commission, and a fourth hearing was set for September 3, 1964, which was also postponed. Petitioner asked only that she be given a hearing and a decision on her petition for rehearing.

Respondent, the Industrial Commission, has set forth no reason why it has not proceeded to a determination of this matter. The members of this Court, at the hearing on this petition on November 4, 1964, being of the view that the delay was unreasonable, directed that a peremptory writ issue directing the Commission to proceed promptly with a hearing.

Respondent has advised us that a further hearing has been set for December 7, 1964, at the hour of 9:30 a. m. Accordingly, it is directed that the hearing requested by petitioner is fixed for that date and the Commission is further ordered promptly and expeditiously to proceed to a final determination in accordance with the facts and law applicable thereto.

It is ordered that the peremptory writ heretofore issued be made permanent.

UDALL, C. J., LOCKWOOD, V. C. J., and BERNSTEIN and SCRUGGS, JJ., concur.

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Bluebook (online)

396 P.2d 617, 97 Ariz. 49, 1964 Ariz. LEXIS 189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thiel-v-industrial-commission-ariz-1964.

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