93-0264. STEPHANIE CURRY Charging Party vs. UNIVERSITY OF UTAH TELECOMMUNICATIONS Respondent.

CourtUtah
Utah Workers Compensation Decisions 1995. 93-0264. STEPHANIE CURRY Charging Party vs. UNIVERSITY OF UTAH TELECOMMUNICATIONS Respondent THE INDUSTRIAL COMMISSION OF UTAHSTEPHANIE CURRY, Charging Party, vs. UNIVERSITY OF UTAH TELECOMMUNICATIONS, Respondent.Case No. 93-0264ORDER DENYING REQUEST FOR RECONSIDERATIONStephanie Curry seeks reconsideration of The Industrial Commission of Utah's order denying Ms. Curry's request for an evidentiary hearing in the above entitled discrimination complaint. The Industrial Commission exercises jurisdiction over this request for reconsideration pursuant to Utah Code Ann. §63-46b-13. BACKGROUND UADD issued a "no cause" determination in this matter on February 8, 1994. The Director's determination was mailed to Ms. Curry and specifically advised her that any request for an evidentiary hearing must be filed within 30 days. Ms. Curry did not file a request for hearing until June 14, 1994. On July 8, 1994, Ms. Curry's request for review was denied by the Commission's legal counsel. On July 11, 1994, Ms. Curry filed a motion for review asking the Industrial Commission to grant her request for an evidentiary hearing. On January 6, 1995, the Commission denied Ms. Curry's request for evidentiary hearing on the grounds she had failed to file her request for hearing until more than four months after the date of the UADD determination. Ms. Curry then filed a timely request for reconsideration. By order dated January 6, l995, the Commission extended the period for ruling on Ms. Curry's request. DISCUSSION Ms. Curry asks the Commission to order UADD to reopen and reinvestigate her complaint of discrimination based on national origin, color and retaliation. Ms. Curry also asks the Commission to allow her to add handicap discrimination to her complaint. In support of her request, Ms. Curry has submitted a detailed statement of the events of her case, as well...

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