Reavis v. Industrial Commission

OPINION

PATTERSON, Judge.

¶ 1 This is a statutory special action review of Arizona Industrial Commission (ICA) decisions upon hearing and upon review for no loss of earning capacity. In finding no loss, the administrative law judge (ALJ) considered all post-injury hours of work, including overtime. Petitioner (claimant) concededly routinely worked overtime for respondent employer (AEM), but as a result of his hourly wage, only the first 140 hours were considered to establish a statutory maximum average monthly wage. The issue is whether the equal measure rule required the ALJ to consider either…