Elias v. Industrial Commission

OPINION

VOSS, Judge.

This is a special action review of an Arizona Industrial Commission award for no loss of earning capacity. One issue is presented: whether suitable and reasonably available full-time work represents petitioner employee’s (“claimant’s”) earning capacity when she historically voluntarily worked only part-time and her date of injury average monthly wage was based on her part-time earnings.

In December 1988, claimant injured her back while working as nurse for respondent employer (“YRMC”). Claimant worked only two eight hour days a week for the YRMC and earned $15.82 an hour.…