Grammatico v. Industrial Commission

I

¶ 26 My focus on this constitutional question differs from that of the majority. Specifically, the legislature could properly conclude that no act that is otherwise required in the work place is a “necessary risk or danger of such employment, or a necessary risk or danger inherent in the nature thereof,” Ariz. Const, art. 18, § 8 (emphasis added), when undertaken by a person whose actions are influenced by having intentionally and voluntarily consumed illegal drugs.

¶ 27 I appreciate that the act of being on stilts for this employee was a “necessary risk” of his employment. But being on…