Brenda Hendrix

Summary

Justice Hart's dissent argues that the three-year asbestos provision is a statute of repose that extinguished Hendrix's workers' compensation claim before it accrued, so the Workers' Compensation Act did not cover his disease. Because the Act supplied no remedy, the dissent concludes that the estate should have been permitted to pursue a common-law tort action against the employer rather than have its lawsuit dismissed. Justice Danielson, dissenting, likewise would have reversed because the estate's only available remedy was a civil action.