Jackson v. Eagle KMC L.L.C., 010219 AZSC, CV-18-0056-PR

Docket Nº:CV-18-0056-PR
Opinion Judge:GOULD, JUSTICE
Party Name:Stephanie Jackson, an individual, Plaintiff/Appellant, v. Eagle KMC L.L.C., aka Eagle KMC Transportation, aka Eagle Transportation Co., aka Eagle J&K Transportation L.L.C., aka Eagle Tucson South, L.L.C., aka Eagle Transportation, L.L.C., an Arizona corporation; Rachael Gabriella Hender, a single woman; Werner Enterprises, Inc., a foreign...
Attorney:Ryan Skiver (argued), The Skiver Law Firm, Scottsdale; James E. Harris, Harris & Associates P.C., L.L.O., Omaha, NE, Attorneys for Stephanie Jackson Phillip H. Stanfield, Daniel O. King, Lori L. Voepel (argued), Jones, Skelton & Hochuli, P.L.C., Phoenix, Attorneys for Eagle KMC L.L.C., Rachael Ga...
Judge Panel:JUSTICE GOULD authored the opinion of the Court, in which CHIEF JUSTICE BALES and JUSTICES PELANDER, TIMMER, BOLICK, and LOPEZ, and JUDGE ECKERSTROM joined.
Case Date:January 02, 2019
Court:Supreme Court of Arizona
 
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Stephanie Jackson, an individual, Plaintiff/Appellant,

v.

Eagle KMC L.L.C., aka Eagle KMC Transportation, aka Eagle Transportation Co., aka Eagle J&K Transportation L.L.C., aka Eagle Tucson South, L.L.C., aka Eagle Transportation, L.L.C., an Arizona corporation; Rachael Gabriella Hender, a single woman; Werner Enterprises, Inc., a foreign corporation; Drivers Management, L.L.C., a foreign corporation, et al., Defendants/Appellees.

No. CV-18-0056-PR

Supreme Court of Arizona

January 2, 2019

Appeal from the Superior Court in Mohave County The Honorable Charles W. Gurtler, Judge No. S8015CV201600092

Ryan Skiver (argued), The Skiver Law Firm, Scottsdale; James E. Harris, Harris & Associates P.C., L.L.O., Omaha, NE, Attorneys for Stephanie Jackson

Phillip H. Stanfield, Daniel O. King, Lori L. Voepel (argued), Jones, Skelton & Hochuli, P.L.C., Phoenix, Attorneys for Eagle KMC L.L.C., Rachael Gabriella Hender, Werner Enterprises, Inc., and Drivers Management, L.L.C. James F. Mahoney, Emily K. Dotson, Resnick & Louis, P.C, Scottsdale, Attorneys for Amicus Curiae Arizona Trucking Association

Stanley G. Feldman, Miller, Pitt, Feldman & McAnally, P.C, Tucson; David L. Abney (argued) Ahwatukee Legal Office P.C, Phoenix, Attorneys for Amicus Curiae Arizona Association for Justice/Arizona Trial Lawyers Association

JUSTICE GOULD authored the opinion of the Court, in which CHIEF JUSTICE BALES and JUSTICES PELANDER, TIMMER, BOLICK, and LOPEZ, and JUDGE ECKERSTROM[*] joined.

OPINION

GOULD, JUSTICE

¶1 We hold that Arizona's automatic assignment provision in A.R.S. § 23-1023(B) does not apply when an employee receives workers' compensation benefits under another state's laws. Rather, the law of the state in which an employee's workers' compensation is paid determines the assignment rights of the employer and employee.

I.

¶2 Stephanie Jackson, a South Carolina resident, was employed as a semi-truck driver for Drivers Management, LLC ("DM"), a Nebraska company. DM contracted with Eagle KMC, LLC ("Eagle"), an Arizona company, to provide training for Jackson in Arizona. In February 2014, Jackson was a passenger in a semi-truck driven by Rachael Hender, an Eagle employee. Jackson was injured when Hender rolled the semi-truck while driving in Arizona. She subsequently applied for and received workers' compensation in Nebraska. DM, which is self-insured for workers' compensation, paid Jackson's benefits.

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