Reynolds Metal Co. v. Circuit Court of Clark County

2013 Ark. 287, 428 S.W.3d 506, 2013 WL 3233209, 2013 Ark. LEXIS 324
CourtSupreme Court of Arkansas
DecidedJune 27, 2013
DocketNo. CV-12-922
StatusPublished
Cited by10 cases

This text of 2013 Ark. 287 (Reynolds Metal Co. v. Circuit Court of Clark County) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reynolds Metal Co. v. Circuit Court of Clark County, 2013 Ark. 287, 428 S.W.3d 506, 2013 WL 3233209, 2013 Ark. LEXIS 324 (Ark. 2013).

Opinions

COURTNEY HUDSON GOODSON, Justice.

| petitioner Reynolds Metal Company (Reynolds) filed in this court a petition for writ of prohibition following the entry of an order by the Clark County Circuit Court denying its motion to dismiss the complaint of its former employee, respondent Billy C. Kirksey. Under the exclusive-remedy doctrine provided under the Arkansas Workers’ Compensation Act, Reynolds contends that the circuit court lacks jurisdiction over the common-law tort claims Kirksey has asserted against it. We grant the writ of prohibition for the reasons explained below.

The record reflects that Kirksey was employed at Reynolds’s aluminum-processing plant near Arkadelphia from 1957 to 1989. On December 17, 2009, Kirksey filed an occupational-disease claim for benefits before the Arkansas Workers’ Compensation Commission (Commission), alleging that he “was exposed to asbestos while on the job |2causing cancer.” The parties submitted the matter to the administrative law judge based on the following stipulations; that Kirksey’s employment ended on August 3, 1989; that Kirksey’s last injurious exposure to asbestos would have occurred prior to that date; and that Kirksey was diagnosed with bladder cancer on July 1, 2004. The law judge applied the statute of limitations pertinent to asbestosis and found that Kirksey’s claim was time-barred. See Ark.Code Ann. § ll-9-601(g)(l)(B) (Repl.2012); Ark.Code Ann. § ll-9-702(a)(2)(B) (Repl.2012).

Kirksey did not appeal the law judge’s decision to the full Commission. Instead, he filed suit against Reynolds in circuit court.1 In his complaint, Kirksey alleged that, during his employment with Reynolds, he “was exposed to and did inhale coal tar pitch, coal tar volatiles, and polycyclic aromatic hydrocarbons (PAHs),” which caused his bladder cancer and his disability. Based on this factual predicate, he asserted claims for negligence; strict liability; breach of implied warranty; gross, willful, and wanton conduct; fraud; and unjust enrichment. In response, Reynolds filed a motion to dismiss the complaint in reliance on the exclusive remedy afforded by Arkansas Code Annotated section 11-9-105 (Repl.2012) of the Workers’ Compensation Act. Kirksey replied that his occupational disease was not covered under the Act; thus, he was free to seek common-law remedies in circuit court. After a hearing, the circuit court accepted Kirksey’s argument and denied Reynolds’s motion to dismiss. The |scourt ruled that the Act covers only claims for occupational disease that occur within the statute of limitations and that, where a plaintiffs injury or disease manifests after the statute of limitations has expired, a circuit court has the authority to exercise jurisdiction over the plaintiffs claims. Reynolds has now pursued a writ of prohibition in this court. We took the petition as a case and ordered the parties to brief the issues.

In support of the petition, Reynolds argues that the circuit court is wholly without jurisdiction to consider Kirksey’s claims because of the exclusive remedy provided by the Workers’ Compensation Act. Reynolds asserts that occupational diseases are covered by workers’ compensation and that the expiration of the statute of limitations does not take an occupational disease outside the scope of the Act. Kirksey responds that his bladder cancer does not come within the purview of workers’ compensation because the Act does not cover diseases that manifest beyond the one-year period following the last injurious exposure. We must grant the writ, but not for the reason argued by Reynolds.

A writ of prohibition is extraordinary relief that is appropriate only when the trial court is wholly without jurisdiction. White v. Palo, 2011 Ark. 126, 380 S.W.3d 405. The purpose of the writ of prohibition is to prevent a court from exercising a power not authorized by law when there is no adequate remedy by appeal or otherwise. Parker v. Crow, 2010 Ark. 371, 368 S.W.3d 902. Prohibition is a proper remedy when the jurisdiction of the trial court depends on a legal rather than a factual question. Porocel Corp. v. Cir. Ct. of Saline Cnty., 2013 Ark. 172, 2013 WL 1776648. Prohibition is never issued to prohibit a trial court from erroneously exercising jurisdiction. Int’l Paper Co. v. Clark Cnty. Cir. Ct., 375 Ark. 127, 289 S.W.3d 103 (2008).

|4Beginning with the decision in VanWagoner v. Beverly Enterprises, 334 Ark. 12, 16, 970 S.W.2d 810, 812 (1998), this court has consistently followed the rule that the Arkansas Workers’ Compensation Commission “has exclusive, original jurisdiction to determine the facts that establish jurisdiction, unless the facts are so one-sided that the issue is no longer one of fact but one of law, such as an intentional tort.” See, e.g., Int’l Paper Co., supra; Erin, Inc. v. White Cnty. Cir. Ct., 369 Ark. 265, 253 S.W.3d 444 (2007); Coonrod v. Seay, 367 Ark. 437, 241 S.W.3d 252 (2006); Moses v. Hanna’s Candle Co., 366 Ark. 233, 234 S.W.3d 872 (2006); Stocks v. Affiliated Foods Sw., Inc., 363 Ark. 235, 213 S.W.3d 3 (2005); Merez v. Squire Court Ltd. P’ship, 353 Ark. 174, 114 S.W.3d 184 (2003); WENCO Franchise Mgmt., Inc. v. Chamness, 341 Ark. 86, 13 S.W.3d 903 (2000) (per curiam). Thus, when a party to a lawsuit raises a question of whether a person enjoys immunity as an employer under the Workers’ Compensation Act, the Commission must first decide the issue. Miller v. Enders, 2010 Ark. 92, 2010 WL 682268; McCarthy v. Pulaski Cnty. Cir. Ct., 366 Ark. 316, 235 S.W.3d 497 (2006). In adopting this rule, we have explained that the Commission has vast expertise in this area and that the goals of uniformity, speed, and simplicity would best be achieved by granting the Commission the exclusive, original jurisdiction to determine the applicability of the Workers’ Compensation Act. Carter v. Ga.-Pac. Resins, Inc., 368 Ark. 19, 242 S.W.3d 616 (2006) (citing Johnson v. Union Pac. R.R., 352 Ark. 534, 541, 104 S.W.3d 745, 748 (2003)).

A review of the record in this ease reveals that Kirksey filed a claim before the Commission asserting that he “was exposed to asbestos while on the job causing cancer.” In his complaint in circuit court, he alleged that his bladder cancer was caused by exposure to |s“coai tar pitch, coal tar pitch volatiles, and polycyclic aromatic hydrocarbons (PAHs).” Obviously, the claim presented in the circuit court is not the same one that was adjudicated before the law judge, who decided a claim based on asbestos exposure, not exposure to coal tar pitch. This variance is critical, primarily because the limitations periods for occupational diseases are different, depending on the type of exposure.

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2013 Ark. 287, 428 S.W.3d 506, 2013 WL 3233209, 2013 Ark. LEXIS 324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reynolds-metal-co-v-circuit-court-of-clark-county-ark-2013.