Sherring v. Indus. Comm’n of Ariz. – 8/9/2018
Arizona Court of Appeals Division Two holds that when employment is conditioned on passing a physical examination, and an injury occurs to a prospective employee during the examination, the prospective employee is not entitled to workers’ compensation.
The Court of Appeals affirmed the ALJ’s award. A conditional employment offer is not a contract, and employee status is not obtained until a prospective employee has met all the conditions of the offer. An injury that occurs during the performance of one of the contingencies of the offer does not occur while the injured person is an employee. Arizona public policy does not compel a different result; rather the workers’ compensation statute makes clear that only employees are entitled to compensation.
Judge Espinosa delivered the unanimous opinion of the court; Judge Eppich and Judge Brearcliffe joined.