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Galloway v. Vanderpool6/3/2002
tex Corp., 456 N.E.2d 131, 137 (Ill. 1983).
We conclude that the principle of stare decisis applies with particular force in this matter. In Jackson, we declined to reverse Corral, noting that the legislature had re-enacted A.R.S. sections 23-906 and 23-1024 in substantially the same language. 111 Ariz. at 388, 531 P.2d at 145. Notably, since our Jackson decision, the legislature has amended A.R.S. section 23-906 siX more times, and made only minor changes, none of which altered the Corral/Jackson rule. We therefore must presume that the legislature approves of this court's holding that the right to elect between compensation and legal remedies when an employer fails to post notice is personal to the employee.
The legislature, of course, can amend the workers' compensation statutes to afford relief of the kind sought here by the Castros, and that body provides the appropriate forum to argue that public policy considerations favor abandoning the rule announced in Corral and Jackson. See Kilpatrick v. Superior Court, 105 Ariz. 413, 422, 466 P.2d 18, 27 (1970); State v. Cotton, 197 Ariz. 584, 591 26, 5 P.3d 918, 925 (App. 2000).
III.
For the foregoing reasons, we affirm the court of appeals' decision order. We reverse the trial court's order and remand with instructions to grant the Galloways' motion to dismiss.
Ruth V. McGregor, Vice Chief Justice
CONCURRING:
Charles E. Jones, Chief Justice
Rebecca White Berch, Justice
Michael D. Ryan, Justice
Sheldon H. Weisberg, Judge
Page 1 2 3 4 Arizona Personal Injury Attorneys
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