Young v. Environmental Air Products, Inc.

FELDMAN, Justice.

Plaintiffs Mason and Young claim they were injured while working for Cimetta Construction Company (Cimetta), a contractor engaged in erection of a new building for Environmental Air Products (EAP). Plaintiffs brought a tort action against EAP and others. In defense, EAP argued that it was plaintiffs’ employer by operation of law (a “statutory employer” 1 under A.R.S. § 23-902(B)), and was, therefore, entitled to the benefit of A.R.S. §§ 23-906 and 23-1022, which provide that absent rejection of compensation coverage before injury, workmen’s compensation is an injured…