From Casetext: Smarter Legal Research

Industrial Com. v. Arizona Power Corp.

Supreme Court of Arizona
Apr 17, 1944
148 P.2d 360 (Ariz. 1944)

Opinion

Civil No. 4644.

Filed April 17, 1944.

WORKMEN'S COMPENSATION. — An employer whose employees had rejected workmen's compensation and retained their right to sue employer for damages was not required to insure its employees.

See 27 Cal. Jur. 557; 28 R.C.L. 732.

APPEAL from a judgment of the Superior Court of the County of Yavapai. Richard Lamson, Judge. Judgment affirmed.

Mr. H.S. McCluskey, and Mr. Fred O. Wilson, for Appellant.

Messrs. Byrne McDaniel, for Appellee.


In this action the Industrial Commission seeks to compel the Arizona Power Company to insure and keep insured its employees, notwithstanding such employees may have rejected workmen's compensation and retained their right to sue the employer for damages.

The question involved is settled against the contention of the plaintiff in Industrial Commission v. Orizaba Mining Co., ante, p. 152, 145 P.2d 850, to which reference is made.

ROSS and STANFORD, JJ., and WM. G. HALL, Superior Court Judge, concur.

NOTE: Because of the illness of Chief Justice McALISTER, the Honorable WM. G. HALL, Judge of the Superior Court of Pima County, was called to sit in his place and stead.


Summaries of

Industrial Com. v. Arizona Power Corp.

Supreme Court of Arizona
Apr 17, 1944
148 P.2d 360 (Ariz. 1944)
Case details for

Industrial Com. v. Arizona Power Corp.

Case Details

Full title:THE INDUSTRIAL COMMISSION OF ARIZONA, Appellant, v. THE ARIZONA POWER…

Court:Supreme Court of Arizona

Date published: Apr 17, 1944

Citations

148 P.2d 360 (Ariz. 1944)
148 P.2d 360

Citing Cases

Madrigal v. Industrial Commission

At the outset it is well to keep in mind that, petitioner being an agricultural employee "not employed in the…