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LAZARUS v. INDUSTRIAL COM'N OF ARIZONA

No. 2 CA-IC 96-0045.

947 P.2d 875 (1997)

190 Ariz. 301

Joanne E. LAZARUS, Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Community Psychology Education Services, Respondent Employer, State Compensation Fund, Respondent Insurance Carrier.

Court of Appeals of Arizona, Division 2, Department B.

Review Denied December 16, 1997.

Attorney(s) appearing for the Case

Samet and Gage, P.C. by Dee-Dee Samet, Tucson, for Petitioner Employee.

Anita R. Valainis, Chief Counsel, The Industrial Commission of Arizona, Phoenix, for Respondent.

James F. Crane and Mark R. Christensen, State Compensation Fund, Tucson, for Respondent Employer and Respondent Insurance Carrier.

OPINION

PELANDER, Presiding Judge.

The issue in this case is whether a medical insurance premium an employer pays as a fringe benefit of employment should be included in calculating an injured employee's average monthly wage under the Workers' Compensation Act, A.R.S. §§ 23-901 to 23-1091 (the Act). The administrative law judge (ALJ) concluded it should not. For the reasons set forth below, we affirm.

BACKGROUND

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