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PENA v. INDUSTRIAL COM'N OF ARIZONA

Nos. 1 CA-IC 2898, 1 CA-IC 2901.

140 Ariz. 510 (1984)

683 P.2d 309

Inez PENA (Deceased); Emma Alonso Pena (Widow), Petitioner Claimant, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, A & H Dairy, Respondent Employer, Paula Insurance Company, c/o Pan American Underwriters, Respondent Carrier. A & H DAIRY, Petitioner Employer, Paula Insurance Company, c/o Pan American Underwriters, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Inez Pena (Deceased); Emma Alonso Pena (Widow), Respondent Claimant.

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

Review Denied May 22, 1984.

Attorney(s) appearing for the Case

Ely, Bettini & Ulman by Sam Insana, J. Wayne Turley, Phoenix, for petitioner/respondent Pena.

Sandra Day, Chief Counsel, Indus. Com'n of Ariz., Phoenix, for respondent Indus. Com'n.

Spencer K. Johnston, Phoenix, for respondent/petitioner employer and carrier.

OPINION

GRANT, Judge.

In addition to questioning the constitutionality of A.R.S. § 23-1046(C), this special action involves the propriety of the administrative law judge's award determining the average monthly wage of Inez Pena, deceased, to be $874.09. All parties on appeal contend that the administrative law judge applied an improper formula in determining the average monthly wage.

At the hearing on the issue the parties entered into the following...

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