Arrowhead Press, Inc. v. Industrial Commission , 134 Ariz. 21 ( 1982 )

CONTRERAS, Chief Judge,

specially concurring:

I totally concur with this decision. I support and reinforce Judge Haire’s observations with respect to “the injustice and waste inherent in the provisions of A.R.S. § 23-951(D).” This provision severely, and, in my opinion, unjustifiably, limits this court’s jurisdiction by providing:

D. The court of appeals shall enter judgment either affirming or setting aside the award, order or decision.

As a participating and authoring judge, I have been witness to a number of cases where, because of this legislatively imposed restriction, we have been required to set aside an entire award, although the error closely approximates a classification of de minimis. The resultant effect is that the entire litigation process commences anew at the administrative level with a likely prospect that it will again be before this court. The net result is waste, delay, and unfairness to the parties, counsel, and the judicial process. I might also add that these inequities adversely impact not only upon claimants but equally upon employers and carriers. Accordingly, it is my sincere belief that this problem area is well deserving of legislative study and consideration.