Beasley v. Industrial Commission

(specially concurring).

I concur in the result reached by a majority of this Court setting the award aside, however since I disagree on the basis, I am constrained to write a separate opinion.

We issued our writ of certiorari in order to review the lawfulness of an award of The Industrial Commission of Arizona, which is based upon its statutory interpretation of A.R.S. § 23-1042, captioned, “Basis for computing average monthly wage of minor permanently incapacitated.” The petitioner contends that the legislative in*398tention of § 23-1042 is clear, and that the Commission’s award based on a date,…