Godfrey v. Industrial Commission

In Godfrey v. Industrial Commission, 124 Ariz. 153, 157, 602 P.2d 821, 825 (App. 1979) the court found the carrier's notice suspending benefits during Godfrey's pregnancy to be void because the carrier lacked statutory authority to suspend benefits for its stated reason. Id. at 157-58, 602 P.2d at 825-26. In other words, the Godfrey notice was void because of a jurisdictional defect: the carrier had no authority to take the action it took. In making its Godfrey argument, the Fund fails to take into consideration the following distinction made in Godfrey: It must be noted that the carrier's action in the instant case is clearly distinguishable from those cases discussed earlier in this opinion in which the carrier is authorized to act but then acts wrongfully. Cf., Nelson v. Industrial Commission, supra; Holmes Tuttle Broadway Ford v. Industrial Commission, supra; Davis v. Industrial Commission, supra. In those instances, the carrier's action is entitled to finality unless a timely protest is made. Id.