Dee Ann Miller and Clayton Bratt v. Dennis C. Enders

Summary

The court affirmed the Commission’s determination that the pilot was immune from the employees’ negligence action because he was a co-employee performing the employer’s nondelegable duty to provide a safe workplace. It held that this immunity was supported by substantial evidence, consistent with the court’s interpretation of the Workers’ Compensation Act, and did not violate article 5, section 32 of the Arkansas Constitution. The court declined to overrule its prior precedent and vacated the court of appeals’ opinion.