Springer v. Industrial Commission

I must dissent from the conclusion reached by the majority.

The precise question presented by these petitions was previously before the Court of Appeals in The Industrial Commission of Arizona v. Jordan, 9 Ariz.App. 23, 448 P.2d 895 (1968), and there the court ruled that tips should not be included in wages for purposes of computation of average monthly wages. It was upon the Jordan case that the hearing officer based the awards excluding tips from the wage calculations for the present petitioners. I would overrule Jordan.

To decide which of the two positions this Court ought to adopt,…