Reynolds Metal Company v. Circuit Court of Clark County and Billy C. Kirksey — Hart, J., Dissenting

Summary

Justice Hart dissents from the majority's decision to permit the parties to return to the Commission for additional findings. She concludes that the administrative law judge already decided the occupational-disease claim and statute-of-limitations issue, that the stipulated diagnosis date established the relevant disability date, and that no further fact-finding was necessary. She would reach the legal question whether the circuit court could exercise jurisdiction over the tort claim rather than require another Commission proceeding. Justice Baker joined the dissent.