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NASLUND v. INDUSTRIAL COM'N OF ARIZ.

No. 1 CA-IC 02-0084.

110 P.3d 363 (2005)

210 Ariz. 262

Carol L. NASLUND (Kotzin), Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Maricopa County, Respondent Employer, Maricopa County c/o Tristar, Respondent Carrier.

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

April 21, 2005.

Attorney(s) appearing for the Case

Cecil A. Edwards, Jr., Phoenix, Attorney for Petitioner Employee.

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

Klein, Lundmark, Barberich & LaMont, P.C. By R. Todd Lundmark, Lisa M. LaMont, Phoenix, Attorneys for Respondents Employer and Carrier.

OPINION

GEMMILL, Judge.

¶ 1 Arizona Revised Statutes ("A.R.S.") section 23-1044(A) (Supp.2004) was amended in 1999 to require that "fifty per cent of retirement and pension benefits received from the insured or self-insured employer during the period of temporary partial disability" be considered as "wages able to be earned," thereby reducing temporary partial disability compensation benefits owed to the workers' compensation claimant. 1999 Ariz. Sess...

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