SOUTHWEST COOPERATIVE WHOLESALE v. SUPERIOR COURT

No. 1 CA-CIV 1519.

13 Ariz. App. 453 (1970)

477 P.2d 572

SOUTHWEST COOPERATIVE WHOLESALE, United Producers and Consumers Cooperative, Arizona corporations, Petitioners, v. The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, the Honorable Thomas Tang, Judge, Larry Berry and Arnold Rivera, Respondents.

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

Rehearing Denied February 23, 1971.

Review Denied March 23, 1971.


Attorney(s) appearing for the Case

Robert K. Park and Cecil A. Edwards, Jr., Phoenix, for petitioners.

Charles M. Brewer and James D. Lester, Phoenix, for respondents.


HAIRE, Judge.

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...

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