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SWIFT TRANSP. v. INDUSTRIAL COM'N

No. 1 CA-IC 94-0184.

938 P.2d 59 (1996)

189 Ariz. 10

SWIFT TRANSPORTATION, Petitioner Employer, Diversified Insurance Company, Petitioner Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Robert Lamadeleine, Respondent Employee.

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

Review Denied November 19, 1996.

Attorney(s) appearing for the Case

Teilborg, Sanders & Parks by Scott H. Houston, Phoenix, for Petitioner Employer and Carrier.

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

Robert P. LaMadeleine, Lancaster, CA, in propria persona Respondent Employee.

OPINION

PATTERSON, Presiding Judge.

The sole issue raised in this special action review of an Industrial Commission award is whether the Administrative Law Judge ("ALJ") abused his discretion in determining the claimant's average monthly wage.

I. FACTS AND PROCEDURAL HISTORY

On December 26, 1991, the respondent-employee ("claimant") was hired by the petitioner-employer, Swift Transportation, as a truck driver, and he was placed in...

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