Araiza v. U.S. West Business Resources, Inc.

OPINION

THOMPSON, Judge.

An employee of a labor broker was injured while working for a special employer. He argues that because the contract between the employers provides that employees furnished to the special employer are solely the employees of the labor broker, he should be able to sue the special employer in tort for his injuries. We disagree and hold that, the contract notwithstanding, because the true nature of the relationship of the parties was that of employer and employee, the special employer enjoys the immunity from tort liability afforded to employers under Arizona law.. We also…