MENO'S CONST. v. INDUSTRIAL COM'N OF ARIZ.

No. 1 CA-IC 18-0041 and 1 CA-IC 18-0042 (Consolidated).

442 P.3d 828 (2019)

MENO'S CONSTRUCTION, L.L.C.* * * *, Petitioner/Employer, AIG Insurance Company* * * *, Petitioner/Carrier, v. The INDUSTRIAL COMMISSION OF ARIZONA, Respondent, Victor M. Reyes, Respondent Employee, The Younger Brothers Group, Inc.*; Genaro's Framing Construction, L.L.C.* * *, Respondent Employers, CopperPoint Indemnity Insurance Company*; Travelers Insurance Company* * *, Respondent Carriers, Roberto Carlos Navarro Padilla* *; Juan Estopellan* * * * *, Respondent Uninsured Employers, Special Fund Division/No Insurance Section* *, * * * * *, Respondent Party in Interest. Special Fund Division/No Insurance Section* *, * * * * *, Petitioner/Party in Interest, v. The Industrial Commission of Arizona, Respondent, Victor M. Reyes, Respondent Employee, The Younger Brothers Group, Inc.*, Genaro's Framing Construction, L.L.C.* * *, Meno's Construction, L.L.C.* * * *, Respondent Employers, CopperPoint Indeminty Insurance Company*, Travelers Insurance Company* * *, AIG Insurance Company* * * *, Respondent Carriers, Roberto Carlos Navarro Padilla* *, Juan Estopellan* * * * *, Respondent Uninsured Employers.

Court of Appeals of Arizona, Division 1.

Filed May 9, 2019.


Attorney(s) appearing for the Case

Jardine Baker Hickman & Houston P.L.L.C., Phoenix, By Stephen C. Baker , Counsel for Petitioner Employer Meno's Construction, L.L.C. and Petitioner, Carrier AIG Insurance Co.

Industrial Commission of Arizona, Phoenix, By Gaetano J. Testini , Counsel for Respondent.

Taylor & Associates P.L.L.C., Phoenix, By Javier C. Grajeda , Counsel for Respondent Employee.

CopperPoint Mutual Insurance Company, Phoenix, By Mark A. Kendall , Counsel for Respondent Employer The Younger Brothers Group, Inc. and Respondent Carrier CopperPoint Indemnity Insurance Co.

Hendrickson & Palmer, P.C., Phoenix, By Adam P. Palmer , Counsel for Respondent Employer Navarro Padilla.

Hoffman Kelley Lopez, L.L.P. Scottsdale, By Michelle D. Lopez , Counsel for Respondent Employer/Carrier Genaro's Framing Construction L.L.C.

Lundmark Barberich La Mont & Salvin, P.C., Phoenix, By Kirk A. Barberich , Danielle Vukonich , Counsel for Petitioner Party in Interest Special Fund Division/No Insurance, Section.

Judge Kenton D. Jones delivered the Opinion of the Court, in which Presiding Judge James B. Morse Jr. and Judge Jon W. Thompson joined.


OPINION

¶1 In this consolidated statutory special action, Meno's Construction, L.L.C. and AIG Insurance Co. (collectively, MC) and the Special Fund Division/No Insurance Section (the Fund) challenge an Industrial Commission of Arizona (ICA) decision finding MC and Juan Estopellan were Victor Reyes's employers at the...

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