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SPRINGER v. INDUSTRIAL COMMISSION

Nos. 1 CA-IC 1058, 1 CA-IC 1114.

23 Ariz. App. 429 (1975)

533 P.2d 1166

Carol J. SPRINGER, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Hobo Joe's Restaurant, Respondent Employer, State Compensation Fund, Respondent Carrier. Adrienne GARCIA, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Ranch Restaurant, Respondent Employer, State Compensation Fund, Respondent Carrier.

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

Review Denied June 10, 1975.

Attorney(s) appearing for the Case

Davis & Eppstein by Robert W. Eppstein, Tucson, for petitioners.

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

Robert K. Park, Chief Counsel, by George B. Morse, State Compensation Fund, Tucson, for respondent employers and carrier.

OPINION

FROEB, Judge.

The court is called upon in each of these cases to review the question whether tips received by an employee should be included in the calculation of an injured claimant's average monthly wage in a workman's compensation award. We hold they should not be on the authority of Industrial Commission of Arizona v. Jordan, 9 Ariz.App. 23, 448 P.2d 895 (1968). The cases...

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