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ESTATE OF WESOLOWSKI v. INDUSTRIAL COMM'N OF ARIZONA

Nos. 1 CA-IC 97-0006, 1 CA-IC 97-0009.

965 P.2d 60 (1998)

192 Ariz. 326

ESTATE OF Adolph WESOLOWSKI, Mary Downing-Mollere, Personal Representative, Petitioner Employer, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Robert Clem, Respondent Employee, Adolph Wesolowski & Barbara Wesolowski, dba Worldwide Artifacts, Respondent Employer, Special Fund Division/No Insurance Section, Respondent Party in Interest. NO INSURANCE SECTION/SPECIAL FUND SECTION, Petitioner, Party in Interest, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Robert G. Clem, Respondent Employee, Adolph Wesolowski, dba Worldwide Artifacts, Respondent Employer, Estate of Adolph J. Wesolowski, M. Downing-Mollere, Personal Representative, Respondent Employer, Barbara Wesolowski, Respondent Employer.

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

Review Denied October 20, 1998.

Attorney(s) appearing for the Case

Estate of Adolph J. Wesolowski, M. Downing-Mollere, Personal Representative by Thomas R. Stillwell, Phoenix, for Petitioner Employer, Respondent Employer.

Arizona Industrial Commission, Special Fund Division by Ronald M. Anderson, Phoenix, for Respondent Party in Interest, Petitioner Party in Interest.

Anita R. Valainis, Chief Counsel, The Industrial Commission of Arizona, Phoenix, for Respondent.

Law Office of John F. Day, P.C. by John F. Day, Scottsdale, for Respondent Employee Clem.

OPINION

FIDEL, Presiding Judge.

¶ 1 When Adolph J. Wesolowski died, Robert G. Clem, an existing household employee, was retained in employment by Wesolowski's estate to maintain the residence and put it in condition to be sold. During the time Clem performed household maintenance for Wesolowski, Wesolowski was not obliged to provide him workers' compensation coverage; employers of "domestic servants" are exempt from the obligation faced by most employers...

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