(dissenting).
I find that I must respectfully dissent from the majority’s interpretation of the three decisions of the Arizona Supreme Court which direct our conclusions in this case: Parsons v. Bekins Freight, 108 Ariz. 130, 493 P.2d 913 (1972); Janis v. Industrial Commission of Arizona, 111 Ariz. 362, 529 P.2d 1179 (1974); and Chavez v. Industrial Commission of Arizona, 111 Ariz. 364, 529 P.2d 1181 (1974). It is my view that the “meritorious position” portion of the three-pronged test outlined both by the decisions of the Arizona Supreme Court and by the majority, supra, refers to the merits of the claim of the applicant for workmen’s compensation benefits in any given case, be it an original claim, a petition to reopen, or what have you. The “meritorious position” referred to by the Arizona Supreme Court in Parsons, Janis and Chavez, supra, has nothing whatsoever —in my opinion — to do with the reasons as to why the claim was filed late.
I agree with Judge Wren’s analysis above that this interpretation all but obliterates the time limits in question. I believe this was the clear intention of the three cases in question. Once a claimant shows that he has a prima facie case on the merits regarding his industrial claim, whatever that claim might be, then if “. . . the facts do not establish excessive delay and the delay would not. in some way prejudice the insurance carrier, the interests of justice require that the Commission waive the untimeliness of the filing." Chavez, supra, 111 Ariz. at 365, 529 P.2d at 1182. (Emphasis supplied.)
I would go even further and say that in all cases involving only short periods of delay, i. e., days and weeks as opposed to months and years, there is in essence only at two-pronged test: (1) the meritorious position; and (2) the damage or prejudice to the carrier. It seems to me that this *82conclusion is mandated by Justice Struck-meyer’s language that "... short delays are the least important aspect of this test. What is important is that the facts appear to warrant relief and that the delay is not unfair in its consequences to the carrier in that the carrier was not in some way damaged to his prejudice.” Chavez, supra, 111 Ariz. at 365, 366, 529 P.2d at 1182, 1183.
While each judge may have his own viewpoint as to which system is best, either counting up the days and if the numbers add up correctly you are in, and if they add up incorrectly, you are out, or applying the essentially two-pronged test which I suggest is now the law in Arizona, either one of these tests is relatively easy to apply and will result in a fair and uniform impact on all claimants and carriers. Since it is obvious that the simple mathematical formula originally set out by the Legislature and the Industrial Commission of Arizona to govern all of these cases has been essentially rejected by the Supreme Court of Arizona, I suggest that the almost 180 degree turn that I find dictated by Parsons, Janis and Chavez, supra, is more logical and infinitely easier to administer than the situation which would occur if the majority’s interpretátion proves correct.
I suspect the fact situations surrounding failures to timely file appropriate documents as required by either the statutes or the rules of the Industrial Commission are infinite in number. If the majority’s viewpoint were to stand, I can imagine several years of litigation surrounding these myriad fact situations. I can further envision great disparity in results, depending upon what hearing officer and what lawyers and what judges are involved in any given case.
In addition it seems to me that the result I perceive as being indicated by Parsons, Janis and Chavez, supra, is totally consistent with the general liberal interpretation to be given the law of workmen’s compensation in Arizona. Beasley v. Industrial Commission of Arizona, 108 Ariz. 391, 499 P.2d 106 (1972); Pottinger v. Industrial Commission of Arizona, 22 Ariz.App. 389, 527 P.2d 1232 (1974); In re Trull, 21 Ariz.App. 511, 520 P.2d 1188 (1974). Judge Ogg’s language in In re Trull, supra, clearly points the way:
“In applying the facts in this case to these guidelines it appears the Industrial Commission should have exercised its discretion and accepted jurisdiction. The one day lateness in filing could not be termed excessive delay. There are no unfair consequences to the insurance carrier either alleged or shown by the evidence. It is clearly in the interest of justice that this case be decided on its merits.
Our decision in the case before us appears to be in harmony with these guidelines and certainly in line with basic principles of law.
In practically all other fields of law we have rules and abundant case law which affords relief in appropriate cases where a party fails to meet a specific time limitation. Rule 60(c), Rules of Civil Procedure (Vol. 16, ARS), allows defaults to be set aside for numerous reasons in the interest of justice. It is the announced general policy of the law that cases should be tried on their merits and not disposed of on technicalities. Bateman v. McDonald, 94 Ariz. 327, 385 P.2d 208 (1963); Frank v. Solomon, 94 Ariz. 55, 381 P.2d 591 (1963); Dons Club v. Anderson, 83 Ariz. 94, 317 P.2d 534 (1957); Dungan v. Superior Court, 20 Ariz.App. 289, 512 P.2d 52 (1973).
These broad legal concepts have particular meaning in the field of Workmen’s Compensation where the statutes are remedial in nature and are to be interpreted liberally to see that justice is done.” (Emphasis supplied.) 21 Ariz. App. at 513, 514, 520 P.2d at 1190, 1191.
I would set aside the award.