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WILEY v. INDUSTRIAL COM'N OF ARIZONA

No. CV-91-0249-PR.

174 Ariz. 94 (1993)

847 P.2d 595

Jimmy Wayne WILEY, Petitioner/Respondent Employee, Sam Trujillo and Mary Jane Trujillo, Petitioner/Respondent Employers, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Casper Baca Rodeo Company, Respondent Employer, No Insurance Section/Special Fund, Respondent Party in Interest.

Supreme Court of Arizona, En Banc.

March 18, 1993.

Attorney(s) appearing for the Case

Dee-Dee Samet, P.C. by Dee-Dee Samet, Tucson, for petitioner/respondent employee.

Kimble, Gothreau & Nelson, P.C. by Frank W. Frey, Tucson, for petitioner/respondent employers.

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

Miller, Pitt & McAnally, P.C. by Armando Rivera, Tucson, for respondent employer.

Kent M. Struckmeyer, Asst. Chief Counsel, Indus. Com'n of Arizona, Phoenix, for respondent/real party in interest.

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

AMENDED OPINION

Memorandum Decision of the Court of Appeals, Division Two, filed April 25, 1991, vacated in part

FELDMAN, Chief Justice.

We granted review in these consolidated workers' compensation cases to re-examine the question of whether, for purposes of determining disability benefits, a worker's average monthly wage includes wages from concurrent dissimilar employment. See Ariz.R.Civ.App.P. 23...

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