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Swichtenberg v. Brimer9/19/1991
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An employer who provides workers' compensation coverage achieves tort immunity in return. This immunity is not limitless, however; it extends only to "the complex of obligations that arise in connection with the employment relation." Billy, 51 N.Y.2d at 160, 412 N.E.2d at 939, 432 N.Y.S.2d at 884. The function of the dual capacity doctrine, if carefully applied, is to define the limits of immunity, not subvert them.
The courts are constitutionally obliged to perform this definitional task. By accepting workers' compensation coverage in Arizona, a worker surrenders the constitutional right to pursue tort remedies against the employer. Anderson v. Industrial Comm'n of Ariz., 147 Ariz. 456, 711 P.2d 595 (1985). This surrender, however, occurs only within limits that the dual capacity doctrine serves to define. Courts must be careful not to apply the doctrine so uncritically as to dilute the exclusivity benefit of the employer's bargain. But we must not so shrink from critical application
that we ignore the limits to what Arizona workers have bargained away.
General Footnotes
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 Arizona Personal Injury Attorneys
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