Southwest Cooperative Wholesale v. Superior Court

HAIRE, Judge.

The question before us in this special action proceeding is whether an industrially injured workman who accepts workmen’s compensation benefits ipso facto waives the right to bring an action against what we will refer to as an “allegedly noncomplying employer”- — i. e., an employer who has prior to the time of the injury in question allegedly failed to keep posted notices of the right of a workman to reject the provisions of the Workmen’s Compensation Law and thereby retain the right to sue the employer. See A.R.S. § 23-906, subsecs D and E. It is contended on behalf of the…