Senor T's Restaurant v. Industrial Commission

HAYS, Justice.

This case is before us on a petition for review of a decision of the Court of Appeals, Division One, in Senor T’s Restaurant v. Industrial Commission, 131 Ariz.App. 389, 641 P.2d 877 (App.1981). We granted review to consider whether tips received by an employee should be included in the calculation of an injured claimant’s average monthly wage in a workmen’s compensation award. We have jurisdiction pursuant to 17A A.R.S. Rules of Civil Appellate Procedure, rule 23, and A.R.S. § 12-120.24.

On September 8, 1978, respondent employee Ellen Osgood (claimant) sustained an industrial…