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DAVIS v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 2725.

134 Ariz. 293 (1982)

655 P.2d 1345

James DAVIS, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Lou Regester Furniture Company, Respondent Employer, Industrial Indemnity Company, Respondent Carrier.

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

November 23, 1982.

Attorney(s) appearing for the Case

Dee Dee Samet, P.C. by Dee Dee Samet, Tucson, for petitioner.

James A. Overholt, Acting Chief Counsel, Industrial Com'n of Arizona, Phoenix, for respondent.

Everett, Bury & Moeller, P.C. by Kenneth D. Everett, J. Michael Moeller, Tucson, for respondent employer and respondent carrier.

OPINION

JACOBSON, Presiding Judge.

In this special action review of an Industrial Commission award, the dispositive issue is whether a routine hourly wage increase within a month before an industrial injury justifies using an expanded wage base to compute the average monthly wage. The administrative law judge used an expanded wage base for this reason. Because we conclude this was error, we set aside the award.

The relevant procedural history is as...

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