Garcia v. Industrial Commission

HAIRE, Judge.

The Commission’s refusal to set aside its prior determination of petitioner’s average monthly wage in this workmen’s compensation proceeding has been previously reviewed by this Court in Garcia v. Industrial Commission, 13 Ariz.App. 128, 474 P.2d 847 (1970). Prior to that review, the Commission, without a hearing, had entered its award holding that the doctrine of res judicata was applicable to its prior determination of petitioner’s average monthly wage, set forth in an award issued more than three and one-half years earlier, and that therefore the Commission had no jurisdiction…