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WARREN v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 00-0113.

39 P.3d 534 (2002)

Edward E. WARREN, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Arizona State University, Respondent Employer, State of Arizona, DOA Risk Management, Respondent Carrier.

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

January 31, 2002.

Attorney(s) appearing for the Case

Jerome, Gibson, Stewart, Friedman, Stevenson & Engle, P.C. by James L. Stevenson, Phoenix, for Petitioner.

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

Janet Napolitano, Attorney General by Maria Morlacci, Assistant Attorney General, Phoenix, for Respondents Employer and Carrier.

THOMPSON, Judge.

¶ 1 This is a review of an Industrial Commission of Arizona (ICA) award and decision upon review for no loss of earning capacity. The dispositive issue is whether post-injury raises related to the general labor market rather than to individual merit must be excluded when assessing an injured worker's residual earning capacity. Concluding that the administrative law judge erroneously included these salary increases to find no loss of earning capacity...

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