(DOWNLOAD) "Stemkowski v. Industrial Commission" by Arizona Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Stemkowski v. Industrial Commission
- Author : Arizona Court of Appeals
- Release Date : January 23, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Petitioners contention that the Commissions "Notice of Average Monthly Wage" is null and void is based upon the premise that the record is insufficient to show that the Commission independently determined petitioners average monthly wage as required by A.R.S. ร§ 23-1061 F. On this issue, the hearing officers findings show that the Commission issued its "Notice of Average Monthly Wage" on July 5, 1974; that the notice was signed by Margaret Scofield, who was duly authorized by resolution of the Commission to make average monthly wage determinations; and that this was a valid and proper delegation of authority by the Commission. See Mendoza v. Industrial Commission, 22 Ariz. App. 433, 528 P.2d 184 (1974). Petitioner in essence admits the foregoing, but, relying upon Mills v. Industrial Commission, 23 Ariz. App. 28, 530 P.2d 385 (1975), contends that in order to avoid a holding that the "Notice of Average Monthly Wage" is a nullity, there must be some memorandum or worksheet in the Commissions file separate and apart from the notice itself. In Mills, supra, the Court found the Commissions file sufficient when it contained not only the Commissions notice of average monthly wage, but also a short memo of a telephone call by a Commission employee relating to the average monthly wage. Therefore, in Mills the Court was not required to determine whether further evidence of Commission action separate and apart from its duly signed order was required.