Wheeler v. Industrial Commission
In Wheeler v. Industrial Commission, 22 Ariz. App. 488, 490, 528 P.2d 874, 876 (1974) the court considered whether a claimant's independent self-employment wages should be included in computing his average monthly wage. 22 Ariz. App. at 489, 528 P.2d at 875.
In doing so, it noted that while 23-1041 intends that workers receive compensation reasonably representing their earning capacity at the time of the industrial accident, Faulkner nonetheless controlled the issue. Id. at 490, 528 P.2d at 876.
The Wheeler court found that it would be "improper and unjust to shift the cost from the self-employed businessman to the employer purchasing workmen's compensation insurance" and noted that self-employed workers had "alternatives available . . . to protect themselves against injury and loss of income which is uninsurable under the Arizona Workmen's Compensation Act." Id. at 489-90, 528 P.2d at 875-76.
The court concluded that it would be improper to include earnings from concurrent self-employment in the AMW calculation. Id. at 490, 528 P.2d at 876.