Carter v. Georgia-Pacific Resins, Inc., 368 Ark. 19

Summary

The Supreme Court of Arkansas held that the circuit court lacked jurisdiction to determine whether asbestos-related employee injuries were covered by the Arkansas Workers' Compensation Act. The Workers' Compensation Commission had exclusive original jurisdiction to make that determination, and the appeal was dismissed with leave for the parties to proceed before the Commission.

Holdings

1. The circuit court lacked jurisdiction to determine whether the employees' injuries were covered under the Workers' Compensation Act because the Workers' Compensation Commission has exclusive original jurisdiction to determine the facts establishing coverage, absent facts so one-sided that coverage is a matter of law.
2. Constitutional issues concerning the Workers' Compensation Act should first be raised before the administrative law judge or Workers' Compensation Commission, even though the Commission may lack authority to declare statutes unconstitutional.

Questions Presented

1. Whether the circuit court had jurisdiction to determine whether the employees' alleged asbestos-related injuries were covered by the Arkansas Workers' Compensation Act.
2. Whether the appeal could be decided on the merits after the circuit court made the coverage determination rather than submitting the jurisdictional facts to the Workers' Compensation Commission.

Disposition

dismissed