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DOMINQUEZ v. INDUSTRIAL COMMISSION

No. 1 CA-IC 1094.

22 Ariz. App. 578 (1974)

529 P.2d 732

Reynaldo DOMINQUEZ, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, John Tyner, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

December 19, 1974.

Attorney(s) appearing for the Case

Gorey & Ely by Joseph M. Bettini, Walter R. Ulman, Phoenix, for petitioner.

Edward F. Cummerford, Chief Counsel, The Industrial Commission of Arizona, Phoenix, for respondent.

Robert K. Park, Chief Counsel, State Compensation Fund by Courtney L. Varner, James B. Long, Phoenix, for respondents employer and carrier.

OPINION

OGG, Judge.

This appeal squarely places at issue the proper method of determining the average monthly wage of an injured seasonal worker. Moreover, this court must determine whether the hearing officer of the Industrial Commission erred by using a twelve month period as the divisor in his calculations of average monthly wage when the worker was only afforded a five month employment period.

Reynaldo Dominquez is a fruit picker. On February 3...

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