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MAIL BOXES v. INDUS. COM'N OF AZ.

No. CV-93-0354-PR.

181 Ariz. 119 (1995)

888 P.2d 777

MAIL BOXES, etc., U.S.A., Petitioner Employer, State Compensation Fund, Petitioner Carrier, v. INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Patrick Loser, Respondent Employee.

Supreme Court of Arizona, En Banc.

January 24, 1995.

Attorney(s) appearing for the Case

Long, Lundmark & Poppe by James B. Long, Phoenix, for petitioner employer/carrier.

Anita R. Valainis, Chief Counsel, Indus. Com'n of Arizona, Phoenix, for respondent.

Jerome Gibson Stewart Friedman Stevenson & Engle by Darryl Engle and Don F. Schaar, Phoenix, for Patrick Loser.

OPINION

MARTONE, Justice.

We are asked to define the term "actual average monthly wage" as it appears in A.R.S. § 23-901(5)(i) for purposes of calculating a sole proprietor's permanent disability benefits. We hold that a sole proprietor's "wage" is measured by the market value of his or her services to the business and affirm the administrative law judge's award.

BACKGROUND

In April 1989, Patrick Loser bought a franchise...

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