David C. GRAMMATICO, Petitioner,
v.
The INDUSTRIAL COMMISSION, Respondent,
Arok, Inc., Respondent Employer,
State Compensation Fund, Respondent Carrier.
Austin Komalestewa, Petitioner Employee,
v.
The Industrial Commission, Respondent,
Stoneville Pedigree Seed, Respondent Employer,
Wausau Insurance Companies, Respondent Carrier.
Supreme Court of Arizona, En Banc.https://leagle.com/images/logo.png
August 10, 2005.
August 10, 2005.
Attorney(s) appearing for the Case
Jerome, Gibson, Stewart, Friedman, Stevenson & Engle, P.C. by Joel F. Friedman, Phoenix, Attorneys for David G. Grammatico.
State Compensation Fund by James F. Crane, Vice President and General Counsel, James B. Stabler, Phoenix, Attorneys for Arok, Inc. and State Compensation Fund.
Jones, Skelton & Hochuli, P.L.C. by Randall H. Warner, Phoenix, Attorneys for Amici Curiae American Insurance Association, Arizona Association of Industries, Arizona Chamber of Commerce, Arizona Restaurant and Hospitality Association, Arizona Rock Products Association, Greater Phoenix Chamber of Commerce, National Federation of Independent Business Legal Foundation, and Tucson Metropolitan Chamber of Commerce.
Steptoe & Johnson, LLP by Wendy G. Briggs, Phoenix, Attorneys for Amicus Curiae American Insurance Association.
Low & Childers, P.C. by S. David Childers, Phoenix, Attorneys for Amicus Curiae The Property Casualty Insurers Association of America.
Adelman German PLC by Daniel J. Adelman, Scottsdale, Attorneys for Amicus Curiae Arizona Trial Lawyers Association.
Haralson, Miller, Pitt, Feldman & McAnally P.L.C by Stanley G. Feldman, Tucson, Attorneys for Amicus Curiae Southern Arizona Workers' Compensation Claimants Association.
Don A. Fendon, Phoenix, Attorney for Austin Komalestewa.
Cross & Lieberman P.A. by Donald L. Cross, Phoenix, Attorneys for Stoneville Pedigree Seed and Wausau Insurance Companies.
Supreme Court of Arizona, En Banc.
OPINION
RYAN, Justice.
¶ 1 Article 18, Section 8 of the Arizona Constitution mandates that an employee receive workers' compensation if the employee is injured in "any accident arising out of and in the course of . . . employment," and the injury "is caused in whole, or in part, or is contributed to, by a necessary risk or danger of such employment, or a necessary risk or danger inherent in the nature thereof, or by failure of such employer or its agents...
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