Faulkner v. Industrial Commission
In Faulkner v. Industrial Commission, 71 Ariz. 76, 223 P.2d 905 (1950), the Arizona Supreme Court concluded that in determining a claimant's average monthly wage, the Industrial Commission did not err by failing to consider concurrent wages received from the claimant's full-time, uninsured employment with the Veteran's Administration. 71 Ariz. at 77-78, 223 P.2d at 905-06.
The court reasoned that the Workers' Compensation Act is based upon the principle of insurance and the Industrial Commission would be "derelict in its duty" if it included in the AMW calculation wages from an employer who "was neither covered nor could be covered by a policy with the commission." Id.