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INSURANCE CO. OF NORTH AMERICA v. INDUS. COM'N

No. 1 CA-IC 1535.

116 Ariz. 21 (1977)

567 P.2d 337

INSURANCE COMPANY OF NORTH AMERICA, insurer of Rollie's Mobiles, Inc., Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Rollie O. Gerdes, Respondent Employee.

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

Rehearing Denied July 22, 1977.

Attorney(s) appearing for the Case

Arnold, Schneider, Moore & Demaree by Joseph L. Moore and Jones, Teilborg, Sanders, Haga & Parks, P.C., Phoenix, for petitioner.

John H. Budd, Jr., Chief Counsel, Phoenix, for respondent The Industrial Commission of Arizona.

Rollie O. Gerdes, Respondent Employee, in pro. per.

OPINION

HAIRE, Judge.

This petition for review was brought by the Insurance Company of North America, insurer of Rollie's Mobiles, Inc., to protest the determination by the Industrial Commission that respondent employee Rollie Gerdes' average monthly wage at the time of his industrial injury1 was in excess of the statutory maximum of $1,000 per month. At the time of his injury, employee Gerdes was functioning in multiple capacities...

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