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DENMAN v. DUVAL SIERRITA CORPORATION

No. 2 CA-CIV 1980.

27 Ariz. App. 684 (1976)

558 P.2d 712

Michael DENMAN, Appellant, v. DUVAL SIERRITA CORPORATION, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 30, 1976.

Petition for Review Denied December 21, 1976.

Attorney(s) appearing for the Case

Rabinovitz, Minker & Dix, P.C. by Bernard I. Rabinovitz, Tucson, for appellant.

Bilby, Shoenhair, Warnock & Dolph, P.C. by Michael A. Lacagnina and David A. Paige, Tucson, for appellee.

OPINION

HOWARD, Chief Judge.

Can an injured employee avoid the statutory immunity granted to an employer who has complied with A.R.S. Sec. 23-961 and file a common law action against a self-insuring employer on the basis that the employer assumed a second identity as the insurer carrier which was subjected to common law liability in spite of the exclusive remedy provided by the Workmen's Compensation Laws? That is the question to be decided in this case which...

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