Senor T's Restaurant v. Industrial Commission

OPINION

FROEB, Judge.

The issue in this Special Action — Industrial Commission is whether the administrative law judge correctly based an injured waitress’s compensation claim not only on the monthly amount she was paid by her employer, but also on the tips she received from customers. We find that he was correct and affirm the award.

On September 8, 1978, the respondent employee, who worked as a cocktail waitress, sustained an industrial injury which was accepted for benefits by a notice of claim status issued October 9, 1978. On December 7, 1978, the Industrial Commission found the claimant’s…