The Arkansas Supreme Court ruled late last week in a split opinion that the three year timeline to file a workers’ comp claim in the state will stand. In the majority opinion, Justice Courtney Goodson said the court had no choice but to follow the law, which sets a three-year limit between exposure and injury. “In conclusion, the remedy afforded by the Act certainly rings hollow under the facts of this case. The result smacks of unfairness, particularly when it is well known that the disease of mesothelioma has a long latency period,” she wrote. “However, our General Assembly has seen fit to create a statute of repose with only a three-year duration.”
In the dissent, Justice Paul Danielson said the three-year limit did not constitute a statute of limitation. He explained: “One cannot wait too long to assert a cause of action one does not know about…I do not buy into the majority’s conclusion that lack of knowledge of a claimant’s disease can be held against the claimant to take away his or her right to seek recovery.”
Read further coverage of the case from Arkansas Online here.
Download the full decision: Arkansas Supreme Court_Hendrix v. Alcoa Inc.