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GALLOWAY v. VANDERPOOL

No. CV-02-0269-PR.

69 P.3d 23 (2003)

205 Ariz. 252

Patrick GALLOWAY and Lois Galloway, husband and wife, dba Galloway Construction, Petitioners, v. The Honorable Janna L. VANDERPOOL, Judge of the Superior Court of the State of Arizona, in and for the County of Pinal, Respondent, Frank Castro and Cindy Castro, the surviving parents of Joshua Castro, deceased, Real Parties in Interest.

Supreme Court of Arizona, En Banc.

Reconsideration Denied June 30, 2003.

Attorney(s) appearing for the Case

Skypeck & Sorensen by Don D. Skypeck, and Wendi A. Sorensen, and John H. Ishikawa, Phoenix, for Petitioners.

Law Office of Michael T. Middleton, by Michael T. Middleton, Tempe, for Real Parties in Interest.

OPINION

McGREGOR, Vice Chief Justice.

¶ 1 The question presented is whether the survivors of an employee who dies from a work-related injury can elect between accepting workers' compensation or pursuing a legal action when the employer failed to provide a statutorily required notice informing the employee of his or her option to reject workers' compensation. We adhere to the principle of stare decisis and hold that because Arizona's statutes...

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