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LOWRY v. INDUSTRIAL COM'N OF ARIZONA

No. CV-98-0480-PR.

989 P.2d 152 (1999)

195 Ariz. 398

Carl LOWRY, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, City of Coolidge, Respondent Employer, State Compensation Fund, Respondent Carrier.

Supreme Court of Arizona, En Banc.

As Corrected December 22, 1999.

Attorney(s) appearing for the Case

Taylor & Associates By Roger A. Schwartz, Phoenix, Attorney for Petitioner.

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

State Compensation Fund James F. Crane, Chief Counsel By W. Smith Michael, Jr., Assistant Chief Counsel and Robert A. Schuler, Tucson, Attorneys for Respondents Employer and Carrier.

OPINION

McGREGOR, Justice.

I.

¶ 1 We are asked to decide whether, for purposes of determining workers' compensation disability benefits, an employee's average monthly wage includes earnings from concurrent employment held within the thirty days prior to, but not on the date of, an on-the-job injury.

¶ 2 During 1992, petitioner Carl Lowry worked for the City of Coolidge as a building inspector and also as a volunteer firefighter...

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