Stiles v. Industrial Commission

2 Citing cases

  1. Mail Boxes v. Industrial Com'n

    178 Ariz. 222 (Ariz. Ct. App. 1994)   Cited 1 times

    Affirmative relief need not be requested in order to present alternative bases for sustaining an award unless relief beyond that awarded is sought. See Stiles v. Industrial Comm'n, 25 Ariz. App. 543, 545, 545 P.2d 54, 56 (1976). Here, claimant obtained an award setting his average monthly wage at $1650 per month for purposes of permanent disability benefits.

  2. Montgomery v. Industrial Com'n of Arizona

    173 Ariz. 106 (Ariz. Ct. App. 1992)   Cited 10 times
    In Montgomery, this Court refused to apply the Valley fever trilogy to Lyme disease after "claimant was able to demonstrate that his employment had actually subjected him to an increased risk of contracting the disease."

    However, a party need not request affirmative relief in order to present alternative bases for sustaining an award where he is not seeking any relief beyond that which has been awarded. See Stiles v. Industrial Comm'n, 25 Ariz. App. 543, 545, 545 P.2d 54, 56 (1976). In this case, Farmers obtained a noncompensable claim award from the Industrial Commission. Because it is not seeking any additional relief, no request for affirmative relief was necessary.