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LLC v. Industrial Commission of Arizona

Court of Appeals of Arizona, First Division

December 26, 2013

M3 TRANSPORT, LLC, Petitioner Employer, GREAT AMERICAN INSURANCE COMPANY/RTW, Petitioner Carrier,
v.
THE INDUSTRIAL COMMISSION OF ARIZONA, Respondent, WYLIE HARRISON, JR., Respondent Employee M3 TRANSPORT, LLC, Petitioner Employer, GREAT AMERICAN INSURANCE COMPANY/RTW, Petitioner Carrier,
v.
THE INDUSTRIAL COMMISSION OF ARIZONA, Respondent, KENNETH INGRAM, Respondent Employee.

Not for Publication – Rule 111(c), Rules of the Arizona Supreme Court

Special Action - Industrial Commission ICA Claim Nos. 20112-660088 / 20112-690220 Carrier Claim Nos. 365443 / 365436 The Honorable Allen B. Shayo, Administrative Law Judge

Richards Law Office, P.C, Charles F. Richards Counsel for Petitioner Employer and Petitioner Carrier

The Industrial Commission of Arizona, Andrew F. Wade Counsel for Respondent

Jerome, Gibson, Stewart, Stevenson, Engle & Runbeck, P.C, Phoenix By Darryl Engle Counsel for Respondent Employee Harrison

Robert J. Hommel, P.C, Scottsdale By Robert J. Hommel, George V. Sarkisov Counsel for Respondent Employee Ingram

Judge Patricia K. Norris and Judge Donn Kessler joined.

MEMORANDUM DECISION

Peter B. Swann, Presiding Judge

¶1This is a consolidated special action review of Industrial Commission of Arizona ("ICA") decisions and awards for compensable claims. Appellants raise six issues on appeal:

(1) Whether the Administrative Law Judge ("ALJ") abused his discretion by finding that petitioner employer, M3 Transport, LLC, was paying for respondent employee Kenneth Ingram's motel room at the time of the accident;
(2) Whether the ALJ abused his discretion by finding that the claimants were on duty because they were receiving either breakdown pay or hotel room reimbursement or both;
(3) Whether the ALJ abused his discretion by finding that the employer benefitted from the claimants' trip to the M3 Transport terminal to check on the status of repairs to their truck;
(4) Whether the ALJ's determination that the employer benefitted from the claimants making themselves "available for dispatch" is ...

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