Swift Transportation v. Industrial Commission

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 a probationary-training status. While in training, he received a weekly salary of $250. When the training period concluded, the claimant was paid twenty cents per mile…