Garcia v. Industrial Commission

The Commissions refusal to set aside its prior determination of petitioners average monthly wage in this workmens compensation proceeding has been previously reviewed by this Court in Garcia v. Industrial Commission, 13 Ariz. App. 128, 474 P.2d 847 (1970). Prior to that review, the Commission, without a hearing, had entered its award holding that the doctrine of res judicata was applicable to its prior determination of petitioners average monthly wage, set forth in an award issued more than three and one-half years earlier, and that therefore the Commission had no jurisdiction to reconsider the question.