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WOZNIAK v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 14-0022.

359 P.3d 1014 (2015)

238 Ariz. 270

Slawomir P. WOZNIAK, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent Ballet Arizona, Respondent Employer, Travelers Property Casualty Company of America, Respondent Carrier.

Court of Appeals of Arizona, Division 1.

September 24, 2015.

Attorney(s) appearing for the Case

Crossman Law Office, P.C. By Harlan J. Crossman , Phoenix, Counsel for Petitioner.

Industrial Commission of Arizona By Andrew F. Wade , Phoenix, Counsel for Respondent.

Klein, Doherty, Lundmark, Barberich & LaMont, P.C. By R. Todd Lundmark , Phoenix, Counsel for Respondents Employer and Carrier.

Judge MICHAEL J. BROWN delivered the Opinion of the Court, in which Presiding Judge PETER B. SWANN and Judge KENTON D. JONES joined.

OPINION

¶ 1 This is a special action review of an Industrial Commission of Arizona ("ICA") award setting an average monthly wage. The question we address is whether the administrative law judge ("ALJ") erroneously found that employee Slawomir Wozniak's work as a ballet dancer was "seasonal" and thus improperly relied...

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