On January 30, 2019, the Court of Appeals of Arkansas in
Vasile Stan v. Vences ruled that an employer did not waive its workers compensation exclusive remedy defense when it failed to respond to a negligence lawsuit filed by an injured employee. This decision overturned a 2014 trial court default judgment and damages award against the employer. The appellate court found that the Workers Compensation Commission, and not the trial court, has exclusive jurisdiction to determine exclusive remedy immunity and whether an employee’s injuries are covered by workers compensation.
This decision could be appealed. NCCI will monitor for further developments.
For more information on other exclusive remedy cases monitored by NCCI’s Legal Division, visit previous Court Case Update editions under
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