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MENDOZA v. INDUSTRIAL COMMISSION

No. 1 CA-IC 995.

22 Ariz. App. 433 (1974)

528 P.2d 184

Robert P. MENDOZA, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Walter Shanahan Masonry, Inc., Respondent Employer, United States Fidelity and Guaranty Company, Respondent Carrier.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied January 13, 1975.

Review Denied February 25, 1975.

Attorney(s) appearing for the Case

Alston, Bailey & Edwards by Cecil A. Edwards, Jr., Phoenix, for petitioner.

Edward F. Cummerford, Chief Counsel, Industrial Commission of Arizona by Greg L. Folger, Phoenix, for respondent.

Moore & Romley by Craig R. Kepner, Phoenix, for respondents employer and carrier.

OPINION

JACOBSON, Chief Judge, Division 1.

The question dispositive of this case on appeal is twofold: (1) whether the Industrial Commission may properly delegate its authority to fix the average monthly wage of injured workmen by resolution to designated department heads and (2) if so, whether such resolution must be certified and filed with the Secretary of State to be effective.

The facts pertinent to this appeal are as follows: Petitioner was injured...

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