Berryhill v. Industrial Commission

OPINION

JOHNSEN, Chief Judge.

¶ 1 We address in this statutory special action the average monthly wage of a workers’ compensation claimant who was injured at one job just after he was hired into another position he took to supplement his income from the first. Because we conclude the Administrative Law Judge (“ALJ”) erred by failing to consider what the claimant earned at the second job following the injury, we set aside the award.

FACTS AND PROCEDURAL HISTORY

¶ 2 Daniel D. Berryhill worked as a tire and lube technician at Wal-Mart Stores, Inc., earning $9.60 an hour. Seeking to supplement his…