High Court Reverses Dismissal in Workers' Exposure Lawsuit

LITTLE ROCK, Ark. - A trial court erred in exercising jurisdiction over asbestos workplace exposure claims, the Arkansas Supreme Court has found, saying the state's Workers' Compensation Commission should have retained original jurisdiction in order to determine the applicability of the Workers' Compensation Act (WCA). Carter, et al. v. Georgia-Pacific Resins Inc., et al., No. 05-1250 (Ark. Sup. Ct.).

In a Nov. 9 opinion, the high court reversed an order by the Ashley County Circuit Court dismissing plaintiffs' claims as barred by the exclusive-remedy provision of the WCA. The Supreme Court dismissed plaintiffs' appeal, with leave for the parties to …