McPEAK v. INDUSTRIAL COM'N

No. 1 CA-IC 3540.

154 Ariz. 232 (1987)

741 P.2d 699

Warren McPEAK, Petitioner Employee, v. The INDUSTRIAL COMMISSION, of Arizona, Respondent, M.M. Sundt Construction Co., Respondent Employer, Employers Insurance of Wausau, Respondent Carrier.

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

Review Denied September 22, 1987.


Attorney(s) appearing for the Case

Tretschok, McNamara & Clymer, P.C. by Brian I. Clymer, Tucson, for petitioner.

Dennis P. Kavanaugh, Chief Counsel, The Indus. Com'n of Arizona, Phoenix, for respondent.

Lewis and Roca by Merton E. Marks, Susan M. Freeman, R. Todd Lundmark, Phoenix, for respondents Employer and Carrier.


OPINION

FIDEL, Judge.

We review an Industrial Commission award setting the average monthly wage of the petitioner employee, Warren McPeak (claimant), at the statutory maximum of $1,325.00. The claimant asserts that A.R.S. § 23-1041, which dictates the maximum average monthly wage, violates Art. 18, § 8 of the Arizona Constitution unless interpreted to cap "real," not "nominal" wages, a distinction we define below. We disagree and affirm the award...

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