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I am helping a friend on a pro se appeal. I need a Black's

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I am helping a friend...
I am helping a friend on a pro se appeal. I need a Black's dictionary or similar black letter law decison/definition [arizona would be good but black letter is fine[ saying that an administrative decision must contain details of why judge said denied, in workmans comp case
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: r u rhere?
JA: No. I'm the Lawyer's Assistant.
Customer: arizona. I found a reference toblacks law dictionary page 970 but I can't get to it on line and I don't hve one
JA: Has anything been filed or reported?
Customer: I can use any case, anywhere, or a dictionary definition, -- this case is that clear. shall I check elsewhere?
JA: Anything else you want the lawyer to know before I connect you?
Customer: no thanx
Submitted: 1 year ago.Category: Legal
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10/11/2016
Lawyer: CalAttorney2, Attorney replied 1 year ago
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10,244
Experience: Civil litigation attorney for individuals and businesses.
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Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

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Customer reply replied 1 year ago
ok, thanks bill
Customer reply replied 1 year ago
do you want to do do this by phone, I can call you it says?
Lawyer: CalAttorney2, Attorney replied 1 year ago

Dear Customer,

The Worker's Compensation program is procedurally set by the Arizona Administrative Code (title 20).

You can find the entire code section related to worker's comp here: http://apps.azsos.gov/public_services/Title_20/20-05.pdf which may be helpful as you are dealing with your worker's comp case pro per.

Related specifically to a written finding by the ALJ, this rule may be the most helpful:

  • R20-5-1214. Review of Department Findings and Order; Hearings; Issuance of Decision Upon Hearing
    • A. Except as provided in R20-5-1213(D), a party aggrieved by a Findings and Order issued by the Department may request a hearing by filing a written request for hearing with the Department within 30 days after the Findings and Order is served upon the party. Failure to timely file a request for hearing means that the Findings and Order issued by the Department is final and res judicata to all parties.
    • B. A request for hearing shall be in writing and contain: 1. The name and address of the party requesting the hearing, 2. The signature of the party or the party’s authorized representative, and 3. A statement that a hearing is requested.
    • C. Upon receipt of a timely filed request for hearing, the Department shall refer the matter to the Administrative Law Judge Division of the Commission for hearing.
    • D. Except as otherwise provided in this Section, the hearing shall be conducted under A.R.S. § 41-1061 et seq.
    • E. A person submitting correspondence or other documents, including subpoena requests, to an administrative law judge concerning a matter pending before the administrative law judge, shall contemporaneously serve a copy of the correspondence or other document upon all other parties, or if represented, the parties’ authorized representative.
    • F. The administrative law judge may dismiss a request for hearing when it appears to the judge’s satisfaction that the parties have resolved the disputed issue or issues.
    • G. The administrative law judge shall issue a written decision upon hearing containing findings of fact and conclusions of law no later than 30 days after the matter is submitted for decision. The decision shall be sent to the parties at their last known addresses served personally or by regular first class mail.
    • H. A decision issued under this Section is final when entered unless a party files a request for rehearing or review as provided in R20-5-1215 or commences an action in the Superior Court as provided in R20-5-1216 and A.R.S. § 12-901 et seq. The decision shall contain a statement explaining the review rights of a party
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Customer reply replied 1 year ago
also, can you send any definitions cites by email? my typing/writing hands are giving out.
Lawyer: CalAttorney2, Attorney replied 1 year ago

Dear Customer, I do not participate in the phone call program for the site, however, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions. (If you have questions about these additional services, you can contact our customer service at: http://ww2.justanswer.com/help). Most customers receive a phone call within 5-30 minutes.

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Customer reply replied 1 year ago
that's ok, what about email?
Customer reply replied 1 year ago
r u there?
Lawyer: CalAttorney2, Attorney replied 1 year ago

I can only communicate with you on this forum. We cannot engage customers outside of the forum as we are not permitted to solicit or accept customers as clients, and the forum rules require us to maintain our communications on the site.

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Customer reply replied 1 year ago
r u there , OK will do as an answer
Lawyer: CalAttorney2, Attorney replied 1 year ago

You are welcome, and I do wish you the best with this matter.

Thank you for using our forum, and please do not forget to rate my service (the series of 5 stars next to the chat window) so that I can receive credit for assisting you.

If you would like to direct future questions to me specifically, you can do so by starting your new question with "For CalAttorney2" and a moderator will notify me.

Thank you again, and again I wish you the best.

Bill

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Customer reply replied 1 year ago
Please give me the Black's def. on pg 970 10th ed. re: definition relating to a "decision" -- any decision in any court or admin. body in the us, any state, in arizona if easily available, which says that a decision provides "general information" or nything that says a "decision" must give at least some reason to say why it is being made
Customer reply replied 1 year ago
r u there
Lawyer: CalAttorney2, Attorney replied 1 year ago

Dear Customer,

I do not have a copy of Black's 10th handy - however, you can get free access to Black's 2nd online here: http://thelawdictionary.org/decision/

Be aware, use of a tertiary source such as Black's is not going to be terribly persuasive, and I do not think it is going to accomplish what you are hoping it will.

A "Decision" is simply that - "Party A prevails" or "Party B prevails" and how much is owed by the loser.

The simple definition does not require supporting legal analysis by the court.

(What you are looking for is a basis for the ALJ to be required to provide "Findings and Conclusions of Law" in support of their decision). This is a very different expectation.

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Lawyer: CalAttorney2, Attorney replied 1 year ago

(This is why the Administrative Rule that I cited to you above is important - absent that rule (and absent the party invoking their rights within 30 days of the hearing), the ALJ has no obligation to make these additional written findings).

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Customer reply replied 1 year ago
boy did I make a mistake using this cite, I already know what u just said and u don't even have a Black's! man. I am outta hear * will be making complaints about site, you, anything I can come up with once this brief was done. u should be ashamed. ps. i'm a retired member of the cal bar, have practiced for 36 years in hawaii, won several appelas, know about the admin rulue, and was a district ct judge. i'm gone
Lawyer: CalAttorney2, Attorney replied 1 year ago

I wish you the best of luck in your matter.

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