(DOWNLOAD) "Southwest Cooperative Wholesale V. Superior Court" by Arizona Court of Appeals # Book PDF Kindle ePub Free

eBook details

Title: Southwest Cooperative Wholesale V. Superior Court
Author : Arizona Court of Appeals
Release Date : January 10, 1970
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 71 KB

Description

The question before us in this special action proceeding is whether an industrially injured workman who accepts workmen's compensation benefits ipso facto waives the right to bring an action against what we will refer to as an "allegedly noncomplying employer" -- i. e., an employer who has prior to the time of the injury in question allegedly failed to keep posted notices of the right of a workman to reject the provisions of the Workmen's Compensation Law and thereby retain the right to sue the employer. See A.R.S. § 23-906, subsecs D and E. It is contended on behalf of the injured workman that the acceptance of compensation must, in order to constitute a binding election, be accompanied by actual knowledge on the part of the injured employee that he has a possible alternative remedy against the employer and knowledge that the right to assert such remedy is lost if compensation is accepted.