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SNEED v. BELT

1 CA-CIV 4952.

130 Ariz. 229 (1981)

635 P.2d 517

Shirley SNEED and Don Sneed, her husband, Plaintiffs-Appellants, v. Richard BELT and Bonnie Belt, his wife; The Nite Life Club, Inc., an Arizona Corporation, Defendants-Appellees.

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

Rehearing Denied October 9, 1981.

Attorney(s) appearing for the Case

Wentworth & Lundin by Timothy H. Barnes, Phoenix, and Udall, Shumway, Blackhurst, Allen, Bentley & Lyons, P.C. by Roger C. Decker, Mesa, for plaintiffs-appellants.

Robert K. Park, Chief Counsel, State Compensation Fund by John R. Greer, Phoenix, for defendants-appellees.

OPINION

HAIRE, Presiding Judge.

The question presented on appeal is whether, by accepting medical benefits paid pursuant to the workmen's compensation act, an injured employee has waived her right to bring a tort action against her employer who had allegedly failed to post a statutorily required notice of the employee's right to reject the provisions of the workmen's compensation act.1

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