Brenda Hendrix

Summary

The court affirmed dismissal of the estate's wrongful-death and survival claims against Alcoa, holding that the Workers' Compensation Act's exclusive-remedy provision applies even though the decedent's asbestos-related claim was barred by the Act's three-year statute of repose. The court reasoned that asbestos-related occupational disease falls within the Act's coverage formula, and the repose period limits recovery rather than eliminating the Act as the governing remedy. The court separately denied Alcoa's motion to dismiss the appeal for lack of jurisdiction. Justice Danielson and Justice Hart, joined by other justices, dissented, concluding that the Act provided no remedy because the claim was extinguished before it accrued and therefore common-law tort relief remained available.