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PINETOP TRUCK & EQUIP. v. INDUS. COM'N

No. 1 CA-IC 88-140.

161 Ariz. 105 (1989)

776 P.2d 356

PINETOP TRUCK & EQUIPMENT SUPPLY, Petitioner Employer, State Compensation Fund, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Monte S. McDonald, Respondent Employee.

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

June 27, 1989.

Attorney(s) appearing for the Case

Christopher E. Kamper, Chief Counsel State Compensation Fund by John R. Greer, Phoenix, for petitioner employer and carrier.

Catherine A. Fuller, Chief Counsel, the Indus. Com'n of Arizona, Phoenix, for respondent.

Frost & Porter, P.C. by G. Terris Porter, Show Low, for respondent employee.

OPINION

KLEINSCHMIDT, Judge.

This is a special action review of an Industrial Commission award establishing the claimant's average monthly wage. The basic issue is whether a portion of the money paid to the claimant, a logger, was expense reimbursement and should therefore be excluded in the calculation of his average monthly wage. We find that the evidence supports the administrative law judge's finding that the so-called expense reimbursement was really...

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