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MORSE v. INDUSTRIAL COMMISSION OF ARIZONA

No. 1 CA-IC 06-0011.

146 P.3d 76 (2006)

Jackquelynne R. MORSE, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, United Parcel Service, Respondent Employer, Liberty Insurance Group, Respondent Carrier.

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

November 7, 2006.

Attorney(s) appearing for the Case

Jerome, Gibson, Stewart, Friedman, Stevenson, Engle & Runbeck, P.C. By James L. Stevenson, Phoenix, Attorneys for Petitioner Employee.

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

Cross & Lieberman, P.A. By Lawrence H. Lieberman, Phoenix, Attorneys for Respondents Employer and Carrier.

OPINION

WINTHROP, Judge.

¶ 1 This is a special action review of an Industrial Commission of Arizona ("ICA") Award and Decision Upon Review establishing an average monthly wage. One issue is presented on appeal: whether the administrative law judge ("ALJ") erred by failing to consider the petitioner employee's ("Claimant's") prospective wages from her new employer, for whom she had not yet begun to work, in setting the average monthly wage. Because we...

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