Entergy Arkansas, Inc.; Entergy Operations, Inc.; and Dp Engineering, Ltd. Co., Petitioners v. Pope County Circuit…

Summary

The court granted writs of prohibition because the circuit court lacked jurisdiction to decide, in the first instance, whether the deceased worker had an employer relationship with Entergy or DP that would trigger workers’ compensation immunity. The court held that the Commission has exclusive original jurisdiction over the factual issues underlying statutory-employer, special-employer, and related co-employee-immunity defenses, absent facts so one-sided that the issue is purely legal. Justice Baker, joined by Justice Hart, dissented and would have denied the writ because the record allegedly established as a matter of law that the worker’s sole employer was PSC.