Mitchel v. Industrial Commission - Memo Decision - COA Div. 1 - December 31, 2024

Facts:

James Mitchell sustained a work-related injury in July 2022 and received workers' compensation benefits.

In May 2023, an independent medical examination concluded that Mitchell's injuries had resolved, leading Starr Specialty Insurance Company to terminate his benefits.

Mitchell received a notice of termination on June 1, 2023.

On September 7, 2023, 98 days after the notice was mailed, Mitchell requested a hearing, which was dismissed as untimely by the Industrial Commission of Arizona (ICA).

Mitchell had relocated twice within his apartment complex during the summer of 2023 and did not inform the ICA of his address changes.

Issue(s):

1. Whether Mitchell's request for a hearing was filed within the 90-day deadline.

2. Whether Mitchell exercised reasonable diligence in updating his address with the ICA and Respondents.

Holding: The Arizona Court of Appeals affirmed the ICA's decision to dismiss Mitchell's request for a hearing as untimely.

The court found that Mitchell did not exercise reasonable diligence in updating his address and did not meet any of the excusing circumstances under A.R.S. ​§ 23-947(B).

Key Takeaways:

1. A claimant has 90 days to request a hearing after a Notice of Claim Status is issued, and failure to do so makes the notice final.

2. Claimants must exercise reasonable care and diligence, including keeping the ICA and the carrier informed of any address changes.

3. Late filings are excused only under specific circumstances, such as justifiable reliance on a statement, legal incompetence, or clear and convincing evidence of not receiving the notice.

4. The court will uphold the ALJ's decision if there is any competent evidence supporting it, and in this case, Mitchell's failure to update his address and timely request a hearing justified the dismissal.