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SOUTHWEST RESTAURANT SYSTEMS v. INDUS. COM'N OF ARIZONA

No. 1 CA-IC 90-131.

170 Ariz. 433 (1991)

825 P.2d 958

SOUTHWEST RESTAURANT SYSTEMS, Petitioner Employer, Transamerica Insurance Co., Petitioner Carrier, v. INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Iola Mae Swenor, Respondent Employee.

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

Review Denied March 17, 1992.

Attorney(s) appearing for the Case

Long, Lester & Lundmark, P.A. by R. Todd Lundmark, Phoenix, for petitioners.

Anita R. Valainis, Chief Counsel, the Industrial Com'n of Arizona, Phoenix, for respondent.

Ely, Bettini & Ulman by Ellen E. Hendrickson, Phoenix, for respondent Employee.

OPINION

SHELLEY, Judge.

This is a special action review of an Arizona Industrial Commission award adopting the presumptive average monthly wage. The dispositive issue is whether the Administrative Law Judge had discretion to disregard actual earnings during the thirty days before the industrial injury because respondent employee (claimant) intended to limit her future income to avoid having her Social Security benefits reduced. We conclude that the Administrative...

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