Brenda Hendrix

Summary

Justice Danielson dissented from affirmance of the dismissal of the estate's tort action, reasoning that the Workers' Compensation Act did not cover Hendrix's asbestos-related disease because it manifested after the statutory three-year repose period. He would have held that the exclusive-remedy provision did not bar the estate's common-law action because the Act provided no substitute remedy, and that barring both remedies violated the Arkansas Constitution's guarantee of a certain remedy. Justice Hart, dissenting separately, likewise would have allowed the estate to pursue its circuit-court action on the ground that the claim was never covered by the Act.