Modern Trailer Sales of Ariz., Inc. v. Indus. Comm'n
In Modern Trailer Sales of Ariz., Inc. v. Indus. Comm'n, 17 Ariz. App. 482, 485-86, 498 P.2d 556, 559-60 (1972), the Court, interpreting a former version of 23-902(A), supra n.2, considered whether short-term periodic employees should be counted among the three "regularly employed" employees required to trigger applicability of the Act. 17 Ariz. App. at 485, 498 P.2d at 559.
The Court stated:
It is our opinion that where there is a scheme or plan or periodic need for extra short-term employees in the usual course of the business of the employer, then such extra short-term employees are to be counted in determining the presence of three or more employees regularly employed thus necessitating the securing of workmen's compensation insurance. Id. at 486, 498 P.2d at 560.
Modern Trailer was a corporate employer that maintained a payroll with two full-time employees and conducted its business, the purchase and sale of trailers, from a fixed location. Id. at 484, 498 P.2d at 558.
The corporation also hired short-term labor up to twenty-five percent of the time "when it got new mobile homes in or vice versa" and for yard maintenance. Id.
Based on those facts, the Court held that Modern Trailer's "scheme of employment required that it carry workmen's compensation coverage." Id. at 486, 498 P.2d at 560.