Pena v. Industrial Com'n of Arizona

OPINION

GRANT, Judge.

In addition to questioning the constitutionality of A.R.S. § 23-1046(C), this special action involves the propriety of the administrative law judge’s award determining the average monthly wage of Inez Pena, deceased, to be $874.09. All parties on appeal contend that the administrative law judge applied an improper formula in determining the average monthly wage.

At the hearing on the issue the parties entered into the following stipulations:

MR. JOHNSTON: We also agree that Mr. [Inez] Pena was paid at the same rate as other employees who worked for this employer, whose…