Justia Government & Administrative Law Opinion Summaries

Employee was employer at Employer's aluminum-processing plant from 1957 to 1989. In 2009, Employee filed an occupational-disease claim for benefits with the Arkansas Workers' Compensation Commission, alleging that he suffered from cancer caused by his exposure to asbestos while working for Employer. A law judge found Employee's complaint was time barred. Rather than appeal the decision to the full Commission, Employee filed suit against Employer in circuit court. Employer filed a motion to dismiss based on the exclusive remedy afforded by the Workers' Compensation Act. The circuit court denied the motion, concluding that, where a plaintiff's disease manifests after the statute of limitations has expired, a circuit court has authority to exercise jurisdiction over the plaintiff's claims. The Supreme Court granted Employer's requested writ of prohibition, holding that the Commission had exclusive jurisdiction to decide the issue in the first instance, and because Employee's claim was not submitted to the Commission, the circuit court lacked jurisdiction to decide the case. View "Reynolds Metal Co. v. Circuit Court" on Justia Law

Appellant filed a claim for benefits associated with an injury he received during his employment. The Arkansas Workers' Compensation Commissioned denied the claim based on a finding that Appellant tested positive for controlled substances after the injury and that he failed to rebut the statutory presumption that his injury was substantially occasioned by his drug use. Appellant appealed, arguing that the Commission's decision was not supported by substantial evidence and that the Commission lacked the authority to make credibility determinations contrary to those made by an ALJ. Currently before the Supreme Court was Defendant's motion to supplement the record with affidavits and depositions that Appellant attached to a brief he previously filed. The Supreme Court remanded to the Commission to settle the record to determine whether the documents were actually placed in the record. View "Prock v. Bull Shoals Boat Landing" on Justia Law

Appellant received an injury during his employment with Appellee. The Arkansas Workers' Compensation Commission denied Appellant's claim for benefits based on a finding that Appellant tested positive for illegal drugs after the injury and that he failed to rebut the statutory presumption that his injury was substantially occasioned by his drug use. Appellant appealed, contending (1) the Commission's decision was not supported by substantial evidence, and (2) the structure of the Commission was unconstitutional. Currently before the Supreme Court was Appellant's motion to supplement the record. The Court remanded to the Commission to settle the record with regard to certain affidavits and depositions. View "Edmisten v. Bull Shoals Landing" on Justia Law

Pulaski County issued an assessment and taxation of property owned by the University of Arkansas for Medical Sciences (UAMS). On behalf of UAMS, Appellant (the University) filed a tax-exemption application seeking an exemption from ad valorem property taxes based on sovereign immunity. The county assessor's office and county equalization board denied the request. The county court also denied the exemption. On appeal, the circuit court denied the University's motion for summary judgment and subsequent motion for reconsideration. The Supreme Court dismissed the University's interlocutory appeal for lack of jurisdiction, holding that the University failed to establish an exception to the general rule that the denial of a motion for summary judgment is neither reviewable nor appealable. View "Bd. of Trs. of Univ. of Ark. v. Pulaski County" on Justia Law

Alpha Marketing brought this cause of action against the Arkansas Lottery Commission seeking declaratory relief that Alpha's registered trademarks of "Arkansas Lottery," "Arkansas Lotto," and "Lottery Arkansas" were valid and that it held exclusive rights to use them. Alpha also sought injunctive relief enjoining the Commission's alleged acts of trademark infringement and monetary damages. Alpha later amended its complaint, alleging ultra vires acts and an unconstitutional taking. The Commission filed a motion to dismiss Alpha's lawsuit on the basis that the Commission had sovereign immunity from the trademark-infringement claims. The circuit court denied the motion. The Supreme Court reversed, holding (1) the Commission was an entity of the State entitled to the defense of sovereign immunity; (2) Alpha's claims for injunctive, monetary, and declaratory relief were barred by the defense of sovereign immunity; (3) the exceptions for waiver; ultra vires, arbitrary, capricious, or bad-faith acts; and takings did not apply. View "Ark. Lottery Comm'n v. Alpha Mktg." on Justia Law

Appellant was employed by Employer when he suffered a compensable work-related brain injury. Appellant, who was permanently and totally disabled, filed a workers' compensation claim seeking benefits and also requested benefits for the nursing care services his mother was providing. The workers' compensation commission (Commission) found Appellant's injury was compensable but denied the requested nursing service benefits. Appellant subsequently made a second request for additional benefits in the form of nursing services at Timber Ridge Ranch, an assisted living facility. The Commission denied Appellant benefits, finding that the services at Timber Ridge were not nursing services as defined by the law. The court of appeals affirmed. The Supreme Court reversed, holding that the Commission's findings and conclusions were not supported by substantial evidence and that the services provided at Timber Ridge qualified as nursing services under the applicable statutes. Remanded. View "Pack v. Little Rock Convention Ctr. & Visitors Bureau" on Justia Law

Booker T. Washington, Jr. filed a claim against Porocel Corporation with the Workers' Compensation Commission, alleging exposure to asbestos and silica dust resulting in lung disease and silicosis. An ALJ found Washington's claim was barred by the statute of limitations. Washington subsequently filed suit against Porocel, alleging, inter alia, negligence and breach of implied warranty. Porocel moved to dismiss the complaint, contending that the Commission had exclusive jurisdiction of the claims alleged and that the Arkansas Workers Compensation Act (Act) was Washington's exclusive remedy. The circuit court denied Porocel's motion to dismiss, concluding that Washington's occupational disease was not one for which the Act provided coverage. Porocel then filed a petition for a writ of prohibition to prevent the circuit court from exercising jurisdiction over Washington's complaint. The Supreme Court granted the petition, holding that Washington's claim was covered by the Act. View "Porocel Corp. v. Circuit Court" on Justia Law

Appellant submitted a proposal to the City of Pine Bluff Planning Commission requesting a Use Permitted on Review permit to utilize certain premises in Pine Bluff as a foster-care facility for displaced children. The Planning Commission and City Council denied Appellant's request. On appeal, the circuit court granted summary judgment for the City, concluding that, although Pine Bluff City Ordinance 29-37 conferred standing on Appellant to bring the action, the ordinance was in conflict with Ark. R. Civ. P. 17, which requires that an action be brought by the real party in interest, and Rule 17 overrode the ordinance. Consequently, the circuit court ruled that, because Appellant was not the real party in interest, she lacked standing to bring suit. The Supreme Court affirmed, holding that because the record did not contain the ordinance, the record was inadequate for review. View "Coleman v. City of Pine Bluff" on Justia Law

A disciplinary action was imposed upon Appellant, an inmate of the Arkansas Department of Correction (ADC). Appellant filed a petition for judicial review and declaratory judgment seeking to challenge the dismissal of his grievance concerning the disciplinary action, the application of an administrative directive by prison officials, and policies he asserted were in violation of contractual obligations of the ADC concerning his conduct in regard to hobby crafts while incarcerated. The circuit court denied the petition. The Supreme Court affirmed, holding that the circuit court correctly determined that Appellant's petition did not set forth facts to show deprivation of a liberty interest and, as a result, Appellant failed to sustain a claim under the Arkansas Administrative Review Act to support a judicial review of the ADC's decision. View "Renfro v. Smith" on Justia Law

After the Garland County elected treasurer, Jo West Taylor, had received monthly retirement checks for over a year from the Arkansas Public Employees Retirement System (APERS), the APERS executive director terminated Taylor's benefits. The APERS Board of Trustees upheld the decision, determining (1) Taylor had not terminated her employment and her benefits were thus forfeited, and (2) Taylor was ineligible to receive additional service credits after the time she began receiving benefits. The circuit court (1) affirmed the Board's determination that Taylor had failed to terminate her employment, but (2) reversed the Board's finding that Taylor was ineligible to receive additional service credit. Both parties appealed. The Supreme Court affirmed in part, reversed in part, and remanded with instructions to reinstate the Board's decision, holding that substantial evidence supported the Board's conclusions. View "Ark. Pub. Employees Ret. Sys. v. Taylor" on Justia Law