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DONAHUE v. INDUSTRIAL COM'N OF ARIZONA

No. 1 CA-IC 92-0044.

178 Ariz. 173 (1993)

871 P.2d 720

John DONAHUE, Petitioner, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, William O'Brien, dba CNG Construction, Respondent Employer, SPECIAL FUND DIVISION/NO INSURANCE SECTION, Respondent Party In Interest.

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

Review Denied May 3, 1994.

Attorney(s) appearing for the Case

Delaney & Melkonoff by Edgar M. Delaney, Phoenix, for petitioner.

Anita R. Valainis, Chief Counsel, Indust. Com'n of Arizona, Phoenix, for respondent.

Diane L. Silver, Phoenix, for respondent employer.

Maria Morlacci, Phoenix, for respondent party in interest.

OPINION

LANKFORD, Presiding Judge.

The issue presented in this review of an Industrial Commission decision is whether an employer is subject to the Workers' Compensation Act when, although it is unusual for him to employ any workers, he hires a temporary employee for a task in the employer's usual trade. Coverage in this situation is governed by Ariz. Rev. Stat. Ann. ("A.R.S.") section 23-902(A), which provides in part:

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