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BERRYHILL v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 12-0065.

307 P.3d 1030 (2013)

Daniel D. BERRYHILL, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Wal-Mart Stores, Inc., Respondent Employer, Wal-Mart Associates Inc. c/o Claims Mgt Inc., Respondent Carrier.

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

August 29, 2013.

Attorney(s) appearing for the Case

Law Office of Eric C. Awerkamp By Eric C. Awerkamp , Mesa, Attorneys for Petitioner Employee.

The Industrial Commission of Arizona By Andrew Wade , Chief Counsel, Phoenix, Attorney for Respondent.

Hoffman Kelley LLP By Linda C. Day , Scottsdale, Attorneys for Respondents Employer and Carrier.

OPINION

JOHNSEN, Chief Judge.

¶ 1 We address in this statutory special action the average monthly wage of a workers' compensation claimant who was injured at one job just after he was hired into another position he took to supplement his income from the first. Because we conclude the Administrative Law Judge ("ALJ") erred by failing to consider what the claimant earned at the second job following the injury, we set aside the award.

FACTS AND...

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