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SPEAR v. INDUSTRIAL COMMISSION

No. 1 CA-IC 1497.

114 Ariz. 601 (1977)

562 P.2d 1099

Mary Ann SPEAR, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Holiday Inn, Respondent Employer.

Court of Appeals of Arizona, Division 1, Department C.

March 29, 1977.

Attorney(s) appearing for the Case

Hocker & Gilcrease, Ltd. by R. Kelly Hocker, Tempe, for petitioner.

John H. Budd, Jr., Chief Counsel, Phoenix, for respondent Industrial Commission of Arizona.

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...

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