Spear v. Industrial Commission

OPINION

HAIRE, Judge.

The central issue in this review is whether the petitioning employee’s prosecution of a civil action in superior court constituted a binding election which bars her from seeking compensation under the workmen’s compensation laws.

On October 2, 1971, petitioner was injured on the premises while employed at the Holiday Inn in Yuma, Arizona. Having been informed that her employer had no workmen’s compensation insurance coverage in effect at the time of her injury, petitioner filed a civil complaint in the superior court against various parties. This complaint alleged that her…