{
  "id": 6139007,
  "name": "Andre JEFFERSON v. MUNSEY PRODUCTS, INC.",
  "name_abbreviation": "Jefferson v. Munsey Products, Inc.",
  "decision_date": "1996-10-23",
  "docket_number": "CA 95-1347",
  "first_page": "105",
  "last_page": "106",
  "citations": [
    {
      "type": "official",
      "cite": "55 Ark. App. 105"
    },
    {
      "type": "parallel",
      "cite": "930 S.W.2d 396"
    }
  ],
  "court": {
    "name_abbreviation": "Ark. Ct. App.",
    "id": 13370,
    "name": "Arkansas Court of Appeals"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "54 Ark. App. 53",
      "category": "reporters:state",
      "reporter": "Ark. App.",
      "case_ids": [
        6136772
      ],
      "weight": 3,
      "year": 1996,
      "opinion_index": 0,
      "case_paths": [
        "/ark-app/54/0053-01"
      ]
    }
  ],
  "analysis": {
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    "char_count": 2415,
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      "percentile": 0.5485398955692011
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    "sha256": "56993e3984589f301f47c185bc9cb91154182b966996873b7aa8d89e12a679de",
    "simhash": "1:858e556f69dc9ff5",
    "word_count": 375
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  "last_updated": "2023-07-14T22:52:16.845649+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Neal and Griffen, JJ., agree."
    ],
    "parties": [
      "Andre JEFFERSON v. MUNSEY PRODUCTS, INC."
    ],
    "opinions": [
      {
        "text": "STEELE Hays, Special Judge.\nThe appellant appeals from a decision of the Workers\u2019 Compensation Commission finding that he failed to prove that he sustained a compensable injury. On appeal, the appellant argues that the Commission\u2019s decision is not supported by substantial evidence and that Arkansas Code Annotated \u00a7 ll-9-102(5)(B)(iv)(b) (Repl. 1996) violates his constitutional right to equal protection and due process. The Commission did not rule on the constitutionality of the statute; thus, we remand for the Commission to consider the constitutional issue raised by the appellant. See Green v. Smith & Scott Logging, 54 Ark. App. 53, 922 S.W.2d 746 (1996).\nThe appellant was injured on April 6, 1994, while working as a die-cast machine operator for the appellee. His injury resulted in the amputation of several of his fingers. A subsequent drug test revealed positive results for the presence of marijuana and cocaine.\nArkansas Code Annotated \u00a7 ll-9-102(5)(B)(iv)(b) provides:\nThe presence of alcohol, illegal drugs, or prescription drugs used in contravention of a physician\u2019s orders shall create a rebuttable presumption that the injury or accident was substantially occasioned by the use of alcohol, illegal drugs, or prescription drugs used in contravention of physician\u2019s orders.\nPursuant to the statute, the Commission found that the appellant failed to overcome the rebuttable presumption that his injury was substantially occasioned by the use of illegal drugs.\nConstitutional issues must be raised before the Commission in order to preserve them for appeal. Green, supra. The appellant challenged the constitutionality of the statute before the Commission; however, the Commission determined that the issue could only be decided by a court of law. In Green, we clarified the manner in which constitutional issues are to be preserved for review by this Court by holding that the Commission is required to rule on constitutional questions that are properly before it. Therefore, we remand to the Commission for further proceedings consistent with this opinion.\nRemanded.\nNeal and Griffen, JJ., agree.",
        "type": "majority",
        "author": "STEELE Hays, Special Judge."
      }
    ],
    "attorneys": [
      "Walker, Campbell, Ivory, Dunklin, & Davis, by: Sheila F. Campbell, for appellant.",
      "Laser, Wilson, Bufford & Watts, P.A., by: Frank B. Newell, for appellee."
    ],
    "corrections": "",
    "head_matter": "Andre JEFFERSON v. MUNSEY PRODUCTS, INC.\nCA 95-1347\n930 S.W.2d 396\nCourt of Appeals of Arkansas Division I\nOpinion delivered October 23, 1996\nWalker, Campbell, Ivory, Dunklin, & Davis, by: Sheila F. Campbell, for appellant.\nLaser, Wilson, Bufford & Watts, P.A., by: Frank B. Newell, for appellee."
  },
  "file_name": "0105-01",
  "first_page_order": 131,
  "last_page_order": 132
}