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ELIAS v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 91-0140.

175 Ariz. 507 (1992)

858 P.2d 652

Donna ELIAS, Petitioner Employee, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Yuma Regional Medical Center, Respondent Employer, Hartford Insurance, Respondent Carrier.

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

Reconsideration Denied October 27, 1992.

Review Denied September 30, 1993.

Attorney(s) appearing for the Case

Delaney & Melkonoff by Edgar M. Delaney, Phoenix, for petitioner.

Anita R. Valainis, Chief Counsel, Industrial Commission of Arizona, Phoenix, for respondent.

Jones, Skelton & Hochuli by Calvin Harris, Phoenix, for respondent employer and respondent Insurance Carrier.

OPINION

VOSS, Judge.

This is a special action review of an Arizona Industrial Commission award for no loss of earning capacity. One issue is presented: whether suitable and reasonably available full-time work represents petitioner employee's ("claimant's") earning capacity when she historically voluntarily worked only part-time and her date of injury average monthly wage was based on her part-time earnings.

In December 1988, claimant injured her back...

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