CHARLES v. INDUSTRIAL COMMISSION

No. 1 CA-IC 1258.

25 Ariz. App. 280 (1975)

542 P.2d 1160

Arthur CHARLES, Jr., Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Ted Walker Trailer Sales, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Rehearing Denied December 24, 1975.

Review Denied January 27, 1976.


Attorney(s) appearing for the Case

Davis, Eppstein & Tretschok by Robert W. Eppstein, Tucson, for petitioner.

Greg L. Folger, Chief Counsel, The Industrial Commission of Ariz., Phoenix, for respondent.

Robert K. Park, Chief Counsel, State Compensation Fund by Donald F. Schaar, Phoenix, for respondents employer and carrier.


OPINION

WREN, Judge.

This review by certiorari is directed toward the singular issue of whether wage increases given for longevity and continued satisfactory performance must be discounted in computing loss of earning capacity. We do not agree that these increases should be disregarded and affirm the award of the Industrial Commission.

Petitioner, Arthur Charles, Jr., sustained an industrial injury on...

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