No specific laws identified for this ruling.
The Arizona Court of Appeals set aside the Industrial Commission's average monthly wage award, finding that the ALJ's use of the entire 2021 calendar year as the wage base failed to realistically reflect the injured worker's earning capacity at the time of injury, particularly given her recent promotion to RN status with increased pay and full-time hours.
Whether the administrative law judge's calculation of the average monthly wage for an injured worker, who had recently been promoted when the injury occurred, was a reasonable reflection of the worker's monthly earning capacity.
This summary was generated to explain the ruling in plain English and is not legal advice.
1. Did the trial court err in dismissing Fraser's wrongful termination and 42 U.S.C. § 1983 claims on the grounds that he did not seek judicial review of the administrative order affirming his termination? 2. Did the trial court err in dismissing Fraser's defamation and intentional infliction of emotional distress claims for failure to state a claim?
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