Schuck & Sons Construction v. Industrial Commission

OPINION

BARKER, Judge.

¶ 1 Petitioner Employer Schuck & Sons Construction (“Schuck”) filed this special action to appeal an Industrial Commission of Arizona (“ICA”) decision affirming its earlier decision finding Daniel Bojko (“Bojko”) to have an unscheduled permanent partial disability entitling him to an award of $536.57 per month.1 Schuck argues that the Administrative Law Judge (“ALJ”) erred by failing to consider Bojko’s self-employment earnings when determining his post-injury earning capacity.2 We reverse and remand for further proceedings consistent with this decision.

Factual and…