Morse v. Industrial Commission

OPINION

WINTHROP, Judge.

¶ 1 This is a special action review of an Industrial Commission of Arizona (“ICA”) Award and Decision Upon Review establishing an average monthly wage. One issue is presented on appeal: whether the administrative law judge (“AL J”) erred by failing to consider the petitioner employee’s (“Claimant’s”) prospective wages from her new employer, for whom she had not yet begun to work, in setting the average monthly wage. Because we find the Award and Decision Upon Review supported by the law and evidence, we affirm.

I. JURISDICTION AND STANDARD OF REVIEW

¶ 2 This court has…