Wozniak v. Industrial Commission

OPINION

BROWN, Judge:

¶ 1 This is a special action review of an Industrial Commission of Arizona (“ICA”) award setting an average monthly wage. The question we address is whether the administrative law judge (“ALJ”) erroneously found that employee Slawomir Wozniak’s work as a ballet dancer was “seasonal” and thus improperly relied on an expanded wage base when calculating Wozniak’s average monthly wage. Because we conclude the ALJ erred, we set aside the award.

BACKGROUND

¶2 In March 2013, Wozniak injured his shoulder when lifting another dancer while working for Ballet Arizona. Wozniak filed a…