Posted on December 2, 2008 by Kevin Lemley

Writ of Prohibition Granted in Injured Worker Case

The Arkansas Supreme Court granted a writ of prohibition in Int'l Paper Co. v. Clark County Circuit Court, No. 08-861 (11/20/08).

 

Edna Pennington was killed at IP's facility in Gurdon. Her husband filed a lawsuit alleging that IP failed to provide a safe work environment. IP filed a motion to dismiss on grounds that the Arkansas Workers' Compensation Commission had exclusive jurisdiction. The trial court denied IP's motion to dismiss, which prompted this writ of prohibition.

 

The supreme court granted the writ because the AWCC has exclusive jurisdiction of plaintiffs' claims. The court noted that a writ of prohibition is extraordinary relief, but there is a strong policy for uniformity in worker compensation claims.

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