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MAIL BOXES v. INDUSTRIAL COM'N

No. 1 CA-IC 92-0030.

178 Ariz. 222 (1993)

871 P.2d 1158

MAIL BOXES, ETC., U.S.A., Petitioner Employer, State Compensation Fund, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Patrick Loser, Respondent Employee.

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

Review Granted, Denied April 11, 1994.

Attorney(s) appearing for the Case

Long, Lester & Lundmark, P.A. by James B. Long, Phoenix, for petitioners Employer and Carrier.

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

Jerome, Gibson, Stewart, Friedman & Stevenson, P.C. by Donald F. Schaar, Phoenix, for respondent Employee.

Review Granted as to one Issue, Denied on all other Issues April 11, 1994.

OPINION

GERBER, Judge.

This is a special action review of an Arizona Industrial Commission award establishing a sole proprietor's average monthly wage for purposes of a permanent disability award. One issue is presented: whether the Administrative Law Judge (ALJ) erred by relying on hypothetical earnings of a fictitious employee to establish the respondent employee's (claimant...

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