Mail Boxes v. Industrial Commission

OPINION

MARTONE, Justice.

We are asked to define the term “actual average monthly wage” as it appears in A.R.S. § 23—901(5)(i) for purposes of calculating a sole proprietor’s permanent disability benefits. We hold that a sole proprietor’s “wage” is measured by the market value of his or her services to the business and affirm the administrative law judge’s award.

BACKGROUND

In April 1989, Patrick Loser bought a franchise known as Mail Boxes, Etc., U.S.A. On April 10, 1989, he obtained workers’ compensation insurance through the State Compensation Fund (Fund). Loser’s policy included sole…