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STOECKER v. BRUSH WELLMAN, INC.

No. CV-98-0361-PR.

984 P.2d 534 (1999)

194 Ariz. 448

Fred STOECKER and Hildegard E. Stoecker, husband and wife, Plaintiffs/Appellants, v. BRUSH WELLMAN, INC., a foreign corporation; Jordan Frazier and Jane Doe Frazier, husband and wife; Snowden A. Moyer and Jane Doe Moyer, husband and wife; Derrick Schull and Jane Doe Schull, husband and wife; Bud Foster and Jane Doe Foster, husband and wife, Defendants/Appellees. Armando C. Cruz and Ursula Cruz, husband and wife, Plaintiffs/Appellants, v. Brush Wellman, Inc., a foreign corporation, Defendant/Appellee. Albert Flores and Norma P. Flores, husband and wife, Plaintiffs/Appellants, v. Brush Wellman, Inc., a foreign corporation, Defendant/Appellee. Luis C. Maldonado and Rosa O. Maldonado, husband and wife, Plaintiffs/Appellants, v. Brush Wellman, Inc., a foreign corporation, Defendant/Appellee. Robert Kofira and Leanne Kofira, husband and wife, Plaintiffs/Appellants, v. Brush Wellman, Inc., a foreign corporation, Defendant/Appellee. Javier Fimbres and Sylvia Fimbres, husband and wife, Plaintiffs/Appellants, v. Brush Wellman, Inc., a foreign corporation; Jordan Frazier and Jane Doe Frazier, husband and wife; Snowden A. Moyer and Jane Doe Moyer, husband and wife; Derrick Schull and Jane Doe Schull, husband and wife; Bud Foster and Jane Doe Foster, husband and wife, Defendants/Appellees. Michael D. Matulin and Shelly Matulin, husband and wife, Plaintiffs/Appellants, v. Brush Wellman, Inc., a foreign corporation; Jordan Frazier and Jane Doe Frazier, husband and wife; Snowden A. Moyer and Jane Doe Moyer, husband and wife; Derrick Schull and Jane Doe Schull, husband and wife, Defendants/Appellees. Lee Ann Haynes-Kern and Ronald Kern, wife and husband, Plaintiffs/Appellants, v. Brush Wellman, Inc., a foreign corporation; Snowden A. Moyer and Jane Doe Moyer, husband and wife, Defendant/Appellees.

Supreme Court of Arizona, En Banc.

July 1, 1999.

Attorney(s) appearing for the Case

James G. Heckbert, Steamboat Springs, Colorado, Winton Woods, Jr. and Dickerson, Butler & Rodriguez, P.C. By: J. Patrick Butler, Tucson, Attorneys for Plaintiffs/Appellants.

Rusing & Lopez, P.L.L.C. By: Michael J. Rusing, Cynthia J. Kuhn, Tucson, and Downey & Knickrehm By: Thomas E. Downey, Jr., Kate E. Knickrehm, Denver, Colorado, Attorneys for Defendant/Appellee Brush Wellman, Inc. and Jones, Day, Reavis & Pogue By: Jeffery D. Ubersax, Janet L. Miller, Cleveland, Ohio, of Counsel for Defendant/Appellee Brush Wellman, Inc.

Chandler, Tullar, Udall & Redhair By: Dwight M. Whitley, Jr., Tucson, Attorneys for Defendants/Appellees Frazier, Moyer, Schull, and Foster.

OPINION

FELDMAN, Justice.

¶ 1 We granted review to determine whether the exclusivity provision of the workers' compensation law bars employees' claims that their employer breached a contract to supplement workers' compensation benefits. We have jurisdiction pursuant to Ariz. Const. art. VI, § 5(3).

FACTS AND PROCEDURAL HISTORY

¶ 2 Nine former and present employees (Plaintiffs) of Brush Wellman, Inc., contracted chronic beryllium...

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