MARICOPA CTY. NEIGH. YOUTH CORPS v. INDUS. COM'N

No. 1 CA-IC 1369.

26 Ariz. App. 350 (1976)

548 P.2d 844

MARICOPA COUNTY NEIGHBORHOOD YOUTH CORPS and State Compensation Fund, Petitioners, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, James R. Hunter, Respondent Employee.

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

Rehearing Denied May 21, 1976.

Review Denied June 29, 1976.


Attorney(s) appearing for the Case

Robert K. Park, Chief Counsel, State Compensation Fund, by J. Victor Stoffa, Phoenix, for petitioners.

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

Machmer, Schlosser & Meitz, Ltd., by Ronald M. Meitz, Phoenix, for respondent employee.


OPINION

HAIRE, Chief Judge, Division 1.

On this review of an award entered by the Industrial Commission in a workmen's compensation proceeding, the issue presented is one of first impression for this jurisdiction, namely, when applying A.R.S. § 23-1042 to a situation involving a minor who has sustained a permanently incapacitating injury, should the minor's average monthly earning capacity be determined...

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