Workers' comp exclusive remedy for AZ-based claims absent intent to inflict injury

The Arizona Workers' Compensation Act (AWCA) requires employers to provide workers' comp coverage to all fulland part-time workers. It's the primary exclusive remedy for covered employees who sustain workplace injuries. An employee may elect to reject workers' comp coverage, but only if she submits a written rejection of coverage to her employer before a compensable injury occurs. She is generally limited to the remedies provided under the Act after suffering a compensable injury. In fact, courts are generally deprived of subject matter jurisdiction over claims for injuries she may seek to assert against her employer. What must a covered employee allege in her claim to circumvent the "exclusive remedy" provision under the Act? The burden on the employee is extremely high.

Background

A flight attendant of an airline flying out of Arizona complained to her employer that the pilots with whom she flew on reoccurring flights were surreptitiously watching and recording her and everyone who used the forward lavatory through a hidden camera. According to her, the airline failed to properly investigate her complaint or remedy the pilots' alleged misconduct.

The flight attendant sued the airline, citing several state and federal law claims. The airline sought dismissal of her claims, arguing the state law claims were precluded by the exclusivity provision of the AWCA.

Willful misconduct threshold not met