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L.L.C. v. The Industrial Commission of Arizona
Court of Appeals of Arizona, First Division
May 9, 2019
MENO'S CONSTRUCTION, L.L.C.****, Petitioner/Employer,
THE INDUSTRIAL COMMISSION OF ARIZONA, Respondent, AIG INSURANCE COMPANY****, Petitioner/Carrier, 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,
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.
Special Action - Industrial Commission ICA Claim Nos.
20153-6580041**, *****, 20160-420048*, ***, *** Carrier Claim
Nos. 15102126*, ***, ****, None**, ***** The Honorable Rachel
C. Morgan, Administrative Law Judge
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
& 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
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
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
Kenton D. Jones delivered the Opinion of the Court, in which
Presiding Judge James B. Morse Jr. and Judge Jon W. Thompson
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 time of his December 2015 industrial injury.
We affirm the factual findings and conclusions of the
administrative law judge (ALJ) with respect to those
employers. We also hold that an ALJ is required to evaluate
the liability of each contractor and subcontractor made a
party to a workers' compensation claim. Because the ALJ
did not do so in this case, we set aside the award.
AND PROCEDURAL HISTORY
In 2012, Taylor Morrison contracted with Younger Brothers
Group, L.L.C. (YB) to complete the framing for various new
home construction and lot improvement projects in and around
Phoenix, including at Lot 31 of a housing development in
Gilbert. That contract required YB to provide
supervision, labor, materials, and services necessary to
complete the work and provided that "no ...