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SENOR T'S RESTAURANT v. INDUSTRIAL COM'N

No. 1 CA-IC 2388.

131 Ariz. 389 (1981)

641 P.2d 877

SENOR T'S RESTAURANT, Petitioner Employer, American Motorists Insurance Company, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Ellen Osgood, Respondent Employee.

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

Rehearing Denied October 7, 1981.

Review Granted October 27, 1981.

Attorney(s) appearing for the Case

Jennings, Strouss & Salmon by Steven C. Lester, Phoenix, for Petitioners.

Calvin Harris, Chief Counsel, The Industrial Commission of Arizona, Phoenix, for respondent.

Law Offices of Chris T. Johnson, P.C. by Dennis R. Kurth, Phoenix, for respondent employee.

OPINION

FROEB, Judge.

The issue in this Special Action — Industrial Commission is whether the administrative law judge correctly based an injured waitress's compensation claim not only on the monthly amount she was paid by her employer, but also on the tips she received from customers. We find that he was correct and affirm the award.

On September 8, 1978, the respondent employee, who worked as a cocktail waitress, sustained an industrial injury...

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