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Rule 10. Review of Industrial Commission Awards by the Court of Appeals

Arizona Revised Statutes AnnotatedRules of Procedure for Special Actions

Arizona Revised Statutes Annotated
Rules of Procedure for Special Actions
Special Action Against Body, Officer, or Person (Refs & Annos)
17B A.R.S. Special Actions, Rules of Proc., Rule 10
Rule 10. Review of Industrial Commission Awards by the Court of Appeals
(a) Review by the Court of Appeals of The Industrial Commission of Arizona awards in workmen's compensation, occupational disease, and other matters entertained by The Industrial Commission which are reviewable by the Court of Appeals by writs of certiorari, shall be made in accordance with the procedures set forth in this Rule. Review pursuant to this Rule shall take precedence over all civil cases except matters of general public interest, election cases, and those involving or affecting the Corporation Commission.
(b) Such review shall be instituted by a petition designated as a “Special Action-Industrial Commission.” The petition need not be verified but shall be signed by the petitioner or his attorney. The caption of the petition and all orders, writs, notices of appearance and briefs filed in the proceedings shall name each party to the award, including The Industrial Commission, and shall contain an appropriate designation of each party setting forth the interest of the party. The caption shall also contain the Court of Appeals case number, The Industrial Commission claim number and the insurer's claim number. The petition shall identify the award which is sought to be reviewed, including the date thereof, and shall request that the Clerk of the Court of Appeals issue a “Writ of Review” directing The Industrial Commission to certify its records, proceedings and evidence to the Court of Appeals in accordance with subsection (c) of this Rule.
(c) The petitioner shall tender to the Clerk of the Court of Appeals a writ of review at the time of the filing of the petition. The writ of review shall direct The Industrial Commission to certify its claims file to the Court of Appeals within 10 days from the date of the issuance of the writ. The writ shall be issued by the Clerk of the Court of Appeals upon the filing of the petition, no order of the Court being required.
(d) The petition and the writ shall not be served until after the petition has been filed with the Court of Appeals and the writ issued. Conformed copies of the petition and the writ shall be served upon The Industrial Commission and upon the State Compensation Fund, if it is a party, by service upon their respective Chief Counsel. Service of the petition and writ upon the parties who appeared before The Industrial Commission by counsel may be effected as provided by Rule 5(c) of the Rules of Civil Procedure. In the event a party appeared before The Industrial Commission without counsel, service may be made by mailing to that party's last known address as reflected by The Industrial Commission claim file. Service is complete as of the date of mailing. Any service required under this Rule 10 may be made by the party, his attorney or his agent. Proof of service shall be promptly filed in the Court of Appeals.
(e) Subject to the provisions of subsection (f) of this Rule, all briefs, motions and other matters filed in the Court of Appeals subsequent to the filing of the original petition and writ of review, except the certified claims file, shall be served upon the attorney appearing for the party to be served. In the event that the party appears without an attorney, then the service shall be upon that party. Service shall be made in accordance with the provisions of Rule 5(c), Rules of Civil Procedure. The mailing of a copy to The Industrial Commission or to the State Compensation Fund rather than to their respective Chief Counsel shall not be considered compliance with this Rule.
(f) Any party, other than the petitioner, desiring to participate in the determination of the matter before the Court of Appeals shall file a “notice of appearance” with the Clerk of the Court of Appeals within 10 days from the service provided for in subsection (d) of this Rule, and shall serve a copy of the notice upon all other parties. In the event that a respondent could have filed a special action petition in the first instance and desires to present a request for affirmative relief to the Court of Appeals, the respondent shall add to his notice of appearance a statement that he will request affirmative relief, except that after the expiration of the time provided for in A.R.S. § 23-943(H) no notice of appearance by a respondent containing a statement that affirmative relief will be requested shall be filed later than 10 days from the date of the service provided for in subsection (d) of this Rule. The actual request for affirmative relief shall be set forth in that respondent's answering brief. If a respondent does not file and serve a notice of appearance, there is no requirement that he be served with copies of any briefs, motions or other matters filed in the Court of Appeals subsequent to the original petition and writ of review or with a copy of any later order, decision or determination entered by the Court of Appeals. The failure to file a notice of appearance shall not, in the discretion of the Court of Appeals, and upon leave being granted, preclude the party from later formal participation in the matter before the Court of Appeals.
(g) The Court of Appeals may dismiss a petition or quash the writ of review upon the grounds of dismissal applicable to civil appeals.
(h) The opening brief of the petitioner shall be served and filed within 30 days from the return date of the writ of review. Answering briefs and reply briefs shall be served and filed as provided in the Arizona Rules of Civil Appellate Procedure.
(i) The dismissal of a petition may be by an order. A disposition on the merits shall be by an opinion or by a memorandum decision.
(j) Costs shall not be taxed against The Industrial Commission of Arizona.
(k) Except as herein provided, the Arizona Rules of Civil Appellate Procedure, and the procedures heretofore in effect in the matter of the review of awards of The Industrial Commission by the Court of Appeals, shall apply.

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Adopted June 24, 1975, effective Jan. 1, 1976. Amended March 27, 1985, effective June 1, 1985.
17B A. R. S. Special Actions, Rules of Proc., Rule 10, AZ ST SPEC ACT Rule 10
Current with amendments received through 08/15/19
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