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SCOTT v. INDUSTRIAL COM'N

No. 1 CA-IC 1870.

122 Ariz. 169 (1978)

593 P.2d 919

Sandra Elaine SCOTT, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Arnett Cab Service/Checker Cab Co., Respondent Employer, The Home Indemnity Company, Respondent Carrier.

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

December 1, 1978.

Attorney(s) appearing for the Case

Jerome & Gibson, P.C. by Alan M. Schiffman, Phoenix, for petitioner.

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

Glen D. Webster, Jr., John A. Flood, Phoenix, for respondents employer and carrier.

OPINION

SCHROEDER, Judge.

In this review of an Industrial Commission award, we are called upon to reconsider the prior decisions of this Court holding that tips regularly and customarily received by an employee directly from customers are excluded from the computation of "average monthly wage" for purposes of determining workmen's compensation. Springer v. Industrial Comm'n, 23 Ariz.App. 429,

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