Mail Boxes, U.S.A. v. Industrial Commission

OPINION

GERBER, Judge.

This is a special action review of an Arizona Industrial Commission award establishing a sole proprietor’s average monthly wage for purposes of a permanent disability award. One issue is presented: whether the Administrative Law Judge (ALJ) erred by relying on hypothetical earnings of a fictitious employee to establish the respondent employee’s (claimant’s) average monthly wage. Be-, cause the ALJ erroneously applied Ariz.Rev. StatAnn. (“AR.S.”) section 23-901(5)(i) (Supp.1992) in establishing claimant’s average monthly wage, we set aside the award.

FACTS AND PROCEDURAL…