Kelly Services v. Industrial Commission

OPINION

HALL, Presiding Judge.

¶ 1 This is a special action review of an Industrial Commission of Arizona (ICA) decision upon review for a permanent total disability. The Administrative Law Judge (ALJ) based her determination on her conclusion that, as a matter of law, the claimant’s geographical labor market could not be expanded outside Yucca, Arizona. Because a proper determination of the relevant geographical labor market in a given case is a factual inquiry dependent on a variety of factors, we set aside the award.

FACTUAL AND PROCEDURAL HISTORY

¶2 On January 6, 2000, the respondent employee…