Warren v. Industrial Commission

THOMPSON, Judge.

¶ 1 This is a review of an Industrial Commission of Arizona (ICA) award and decision upon review for no loss of earning capacity. The dispositive issue is whether post-injury raises related to the general labor market rather than to individual merit must be excluded when assessing an injured worker’s residual earning capacity. Concluding that the administrative law judge erroneously included these salary increases to find no loss of earning capacity, we set aside the award and decision upon review.

BACKGROUND

¶ 2 When injured in October 1996, petitioner employee (claimant) was…