Dimaio v. Industrial Commission

OPINION

TOCI, Judge.

The issue in this industrial ease is whether the employer is entitled to a credit against claimant’s future workers’ compensation disability benefits for claimant’s sick leave, vacation leave, and compensatory time (“accrued benefits”) paid while he was disabled. Petitioner employee (“claimant”) seeks special action review of an Arizona Industrial Commission (“commission”) Decision Upon Hearing and Findings and of an Award (“award”) granting Maricopa County (“county”) a credit against claimant’s future disability benefits. We set aside the award because accrued benefits are…