One end of a man who died after he was brutally attacked and robbed by a newly hired day worker was entitled to death benefits, an appeal court held on Thursday.
In Cardenas v Industrial Commission The Arizona Appeal Court in Phoenix confirmed the Industrial Commission in Arizona that the deceased man was employed and that his murder arose from his employment.
On November 6, 2016, the decedent worked at a rental property owned by David Cardenas Sr., using equipment, tools and clothing supplied by Cardena's company, AB Plumbing LLC in Tucson, Arizona. Neither Cardenas nor the company had work compensation insurance. The men's widow testified that he was instructed that day to pick up a day worker who had been hired to help him lay the floor. The day worker attacked and robbed the worker, who died that day from his injuries.
The widow claimed that her husband, who is undocumented, regularly worked as a craftsman for Cardenas and his plumbing company. She testified that he was paid $ 1
Mr. Cardenas argued that the deed was not employed and that the work he performed was contractual, but an administrative judge claimed that the deed was employed by both Cardenas and AB plumbing and received an award for compensation. Mr Cardenas appealed and claimed that ALJ failed to establish that the deed was an employee or that his assault arose from employment.
The Court of Appeal noted that the record showed that Cardenas owned eight rental properties, and that the deceased gathered the rent, served expulsion notices and performed repairs. The court also found that the decedent picked up the day worker to help with the "Cardenas" expressed direction, and that in this case he arose from working alone with an unknown day worker. Therefore, the court argued that the widow and the record provided sufficient evidence to support ALJ's finding that the death of men was liable under the Arizona Workers Compensation Act.