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SENOR T'S RESTAURANT v. INDUS. COM'N, ETC.

No. 15695-PR.

131 Ariz. 360 (1982)

641 P.2d 848

SENOR T'S RESTAURANT, Petitioner Employer, American Motorists Insurance Company, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Ellen Osgood, Respondent Employee.

Supreme Court of Arizona, En Banc.

Rehearing Denied March 2, 1982.

Attorney(s) appearing for the Case

Jennings, Strouss & Salmon by Steven C. Lester, Phoenix, for petitioners.

Calvin Harris, Chief Counsel, Industrial Commission of Arizona, Phoenix, for respondent.

Law Offices of Chris T. Johnson, P.C. by Dennis R. Kurth, Phoenix, for respondent Emp.

HAYS, Justice.

This case is before us on a petition for review of a decision of the Court of Appeals, Division One, in Senor T's Restaurant v. Industrial Commission, 131 Ariz.App. 389, 641 P.2d 877 (App. 1981). We granted review to consider whether tips received by an employee should be included in the calculation of an injured claimant's average monthly wage in a workmen's compensation award. We have jurisdiction pursuant...

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