Supreme Court of Arkansas

Central Flying Service, Inc., and Cal Freeney, Petitioners v. Pulaski County Circuit Court, Respondent

February 19, 20152015 Ark. LEXIS 65

Summary

The court granted a writ of prohibition because the Arkansas Workers’ Compensation Commission has exclusive original jurisdiction to determine whether the Act applies and whether an employer is immune from tort liability. The Estate’s constitutional challenge did not confer jurisdiction on the circuit court because standing to bring that challenge depended on first establishing that the Act applied to the claim. The court concluded that the amended constitutional allegations were an effort to avoid the Commission’s exclusive jurisdiction.