Summary
The Arkansas Supreme Court answered a certified question concerning whether Arkansas Code Annotated section 16-118-107 revived an individual common-law cause of action for retaliation under Arkansas workers’ compensation law. The court held that it did not, concluding that section 11-9-107 expressly annulled the common-law remedies and made the workers’ compensation remedies exclusive. The court therefore answered the certified question in the negative.
Topics
Practice areas
Questions Presented
- Whether Arkansas Code Annotated section 16-118-107 revived an individual common-law cause of action and related remedies for retaliation under Arkansas workers' compensation law after section 11-9-107 expressly annulled those remedies.
- Whether section 16-118-107 permitted additional damages for retaliatory conduct covered by section 11-9-107.
Holdings
- No. Section 16-118-107 did not revive the individual common-law cause of action or remedies for retaliatory discharge based on filing a workers' compensation claim.
Key quotations
“In reviewing the certified question, we hold that Ark.Code Ann. § 16-118-107 does not revive the individual cause of action for common-law remedies for retaliation under the Arkansas Workers’ Compensation Act.” (at 7)
“The language employed by the General Assembly in Ark. Code Ann. § 11-9-107 expressly annulled the common-law actions and remedies, and explicitly states that the workers’ compensation law is the exclusive remedy.” (at 7)
Factual background
Lambert alleged that LQ Management terminated him in retaliation for asserting rights under Arkansas workers' compensation law. He sought damages under Arkansas's crime-victims' civil-liability statute, contending that retaliatory interference with a workers' compensation claim could constitute a felony. LQ Management argued that the Workers' Compensation Act made its remedies exclusive and had abolished the common-law retaliation action.
Procedural history
Lambert filed a retaliation complaint in Pulaski County Circuit Court alleging termination for asserting rights under Arkansas workers' compensation statutes and seeking damages under section 16-118-107. LQ Management removed the action to federal court and moved to dismiss, arguing that section 11-9-107 abolished the retaliation claim. The parties jointly requested certification, and the Arkansas Supreme Court accepted and answered the certified question.