Galloway v. Vanderpool

OPINION

McGREGOR, Vice Chief Justice.

¶ 1 The question presented is whether the survivors of an employee who dies from a work-related injury can elect between accepting workers’ compensation or pursuing a legal action when the employer failed to provide a statutorily required notice informing the employee of his or her option to reject workers’ compensation. We adhere to the principle of stare decisis and hold that because Arizona’s statutes make the right to elect personal, the right does not pass to a deceased employee’s survivors.

I

¶2 Frank and Cindy Castro (“the Castros”) are the…