23-1022. Compensation as exclusive remedy for
employees; definition; exceptions; public agency employees
A. The right to recover compensation pursuant to this chapter for injuries
sustained by an employee or for the death of an employee is the exclusive remedy against
the employer or any co-employee acting in the scope of his employment, and against the
employer's workers' compensation insurance carrier or administrative service
representative, except as provided by section 23-906, and except that if the injury is
caused by the employer's wilful misconduct, or in the case of a co-employee by the
co-employee's wilful misconduct, and the act causing the injury is the personal act of
the employer, or in the case of a co-employee the personal act of the co-employee, or if
the employer is a partnership, on the part of a partner, or if a corporation, on the part
of an elective officer of the corporation, and the act indicates a wilful disregard of
the life, limb or bodily safety of employees, the injured employee may either claim
compensation or maintain an action at law for damages against the person or entity
alleged to have engaged in the wilful misconduct.
B. "Wilful misconduct" as used in this section means an act done knowingly and
purposely with the direct object of injuring another.
C. This section does not apply to an action for medical malpractice against any
employee of a hospital maintained by the employer pursuant to section 23-1070. Any suit
allowed by this subsection is subject to the lien rights provided by section 23-1023.
D. An employee of a public agency, as defined in section 11-951, who works under
the jurisdiction or control of or within the jurisdictional boundaries of another public
agency pursuant to a specific intergovernmental agreement or contract entered into
between the public agencies as provided in section 11-952 is deemed to be an employee of
both public agencies for the purposes of this section. The primary employer shall be
solely liable for the payment of workers' compensation benefits for the purposes of this
section.
E. Every public agency as defined in section 11-951 for which an intergovernmental
agreement or contract is in effect shall post a notice pursuant to the provisions of
section 23-906, in substantially the following form:
"All employees are hereby further notified that they may be required to work under the
jurisdiction or control of or within the jurisdictional boundaries of another public
agency pursuant to an intergovernmental agreement or contract, and under such
circumstances they are deemed by the laws of Arizona to be employees of both public
agencies for the purposes of workers' compensation."
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