Stoecker v. Brush Wellman, Inc.

OPINION

FELDMAN, Justice.

¶ 1 We granted review to determine whether the exclusivity provision of the workers’ compensation law bars employees’ claims that their employer breached a contract to supplement workers’ compensation benefits. We have jurisdiction pursuant to Ariz. Const. art. VI, § 5(3).

FACTS AND PROCEDURAL HISTORY

¶2 Nine former and present employees (Plaintiffs) of Brush Wellman, Inc., contracted chronic beryllium disease (CBD), a severe, progressive, and permanent lung condition, as a result of their exposure to toxic levels of airborne beryllium dust while working at Brush…