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HENDERSON v. GARDNER MECHANICAL CONTRACTORS

No. 1 CA-CIV 7015.

148 Ariz. 398 (1985)

714 P.2d 1293

Jeanette R. HENDERSON, a single woman, Plaintiff-Appellee, v. GARDNER MECHANICAL CONTRACTORS, INC., Defendant-Appellant, STATE COMPENSATION FUND, Plaintiff-Appellant, v. Jeanette R. HENDERSON, a single woman; Gardner Mechanical Contractors, Inc., Defendants-Appellees,

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

Review Denied March 4, 1986.

Attorney(s) appearing for the Case

R.Y. Thrasher, P.C. by R.Y. Thrasher, Phoenix, for plaintiff-appellee.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.C. by Richard J. Woods, Larry L. Smith, Weyl, Guyer, McBan & Olson by Barry A. MacBan, Thomas G. Bakker, Phoenix, for defendant-appellee, Gardner Mechanical Contractors.

Campana & Horne, P.C. by James E. Vieh, Scottsdale and State Compensation Fund, Robert K. Park, Chief Counsel by John R. Greer, Phoenix, co-counsel for State Compensation Fund.

OPINION

JACOBSON, Chief Judge.

Two issues are presented by this appeal: (1) Whether Employer's Liability coverage is automatically afforded to an employer for work related injuries incurred by an employee who has rejected workers' compensation coverage; and (2) What is a "hazardous occupation" under the Employer's Liability Law?

These issues arise out of a consolidation of two actions seeking a determination...

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