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ELCO VET. SUPPLY v. INDUS. COM'N OF ARIZONA

No. 1 CA-IC 2834.

137 Ariz. 46 (1983)

668 P.2d 889

ELCO VETERINARY SUPPLY, Petitioner Employer, Aetna Casualty & Surety Company, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, James Shaff, Respondent Employee.

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

Rehearing Denied June 15, 1983.

Review Granted July 12, 1983.

Attorney(s) appearing for the Case

Jones, Teilborg, Sanders, Haga & Parks by Calvin Harris, Phoenix, for petitioner employer and petitioner carrier.

James A. Overholt, Chief Counsel, The Indus. Com'n of Arizona, Phoenix, for respondent.

Fresquez & Fresquez by Joseph E. Fresquez, Flagstaff, for respondent employee.

OPINION

JACOBSON, Presiding Judge.

The sole issue in this review of an Industrial Commission award is whether the administrative law judge used the proper period to establish the average monthly wage of an injured claimant whose salary was based in part on sales commissions.

In April 1979, the claimant-employee, James Shaff, began work for the petitioner employer, Elco Veterinary Supply, as a warehouseman, route salesman, truck driver, and deliveryman...

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