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FREE v. INDUS. COM'N OF ARIZONA

No. 1 CA-IC 19-0041.

471 P.3d 1038 (2020)

Ellise FREE, Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Westat, Respondent Employer, Liberty Mutual Insurance, Respondent Carrier.

Court of Appeals of Arizona, Division 1.

Filed July 23, 2020.

Attorney(s) appearing for the Case

Snow Carpio & Weekley PLC, Phoenix, By Dennis R. Kurth , Counsel for Petitioner Employee.

Industrial Commission of Arizona, Phoenix, By Gaetano J. Testini , Counsel for Respondent.

Lundmark Barberich LaMont & Slavin PC, Phoenix, By Lisa M. LaMont , Counsel for Respondent Employer and Carrier.

Judge Jennifer M. Perkins delivered the opinion of the Court, in which Presiding Judge David D. Weinzweig and Judge James B. Morse Jr. joined.

OPINION

¶1 Does an employee's average monthly wage include her unused per diem food allowance? Petitioner Ellise Free argues that it does. The Administrative Law Judge ("ALJ") who heard her case for the Industrial Commission of Arizona ("ICA") issued an award rejecting that view. Because we find no legal justification...

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