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KELLY SERVICES v. INDUSTRIAL COM'N

No. 1 CA-IC 04-0016.

106 P.3d 1031 (2005)

210 Ariz. 16

KELLY SERVICES, Petitioner Employer, RSKCO, Petitioner Carrier, v. INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Arthur Gross, Respondent Employee.

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

February 8, 2005.

Attorney(s) appearing for the Case

Cross & Lieberman, P.A. By David W. Earl, Lawrence H. Lieberman, Phoenix, Attorneys for Petitioners Employer and Carrier.

Laura L. McGrory, Chief Counsel, The Industrial Commission of Arizona, Phoenix, Attorney for Respondent.

Wilmer, Messer & Testini, P.L.C., By Steven J. Messer and Toby Zimbalist, Phoenix, Attorneys for Respondent Employee.

OPINION

HALL, Presiding Judge.

¶ 1 This is a special action review of an Industrial Commission of Arizona (ICA) decision upon review for a permanent total disability. The Administrative Law Judge (ALJ) based her determination on her conclusion that, as a matter of law, the claimant's geographical labor market could not be expanded outside Yucca, Arizona. Because a proper determination of the relevant geographical labor market in a given case is a factual...

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