{
  "id": 1688464,
  "name": "Co-Ark. Construction Co. v. Amsler, Judge",
  "name_abbreviation": "Co-Ark. Construction Co. v. Amsler",
  "decision_date": "1961-11-20",
  "docket_number": "5-2496",
  "first_page": "200",
  "last_page": "203",
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      "cite": "234 Ark. 200"
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      "cite": "352 S.W.2d 74"
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    "id": 8808,
    "name": "Arkansas Supreme Court"
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    "name": "Ark."
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      "category": "reporters:state_regional",
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      "cite": "178 Ark. 746",
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      "cite": "190 Ark. 338",
      "category": "reporters:state",
      "reporter": "Ark.",
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      "case_paths": [
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    {
      "cite": "97 S. W. 2d 64",
      "category": "reporters:state_regional",
      "reporter": "S.W.2d",
      "opinion_index": 0
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    {
      "cite": "192 Ark. 1145",
      "category": "reporters:state",
      "reporter": "Ark.",
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      "reporter": "Ark.",
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      "opinion_index": 0,
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      "cite": "212 Ark. 569",
      "category": "reporters:state",
      "reporter": "Ark.",
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    {
      "cite": "227 Ark. 199",
      "category": "reporters:state",
      "reporter": "Ark.",
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        1705530
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      "opinion_index": 0,
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  "last_updated": "2023-07-14T15:15:30.076044+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Co-Ark. Construction Co. v. Amsler, Judge."
    ],
    "opinions": [
      {
        "text": "Jim Johnson, Associate Justice.\nThe issue in this case is whether a writ of prohibition shall be granted. Petitioner, Co-Ark. Construction Company, Inc., seeks the Writ to Prevent the Circuit Court of Perry County from hearing this case alleging that such Court does not have jurisdiction to determine the cause of action since the Workmen\u2019s Compensation Commission has exclusive jurisdiction of the claim of June Evelyn Cody, Administratrix, et al.\nOn October 12, 1960, Calvin Cody (deceased) was employed by Co-Ark. Construction Company, Inc., to haul rock in his dump truck and deliver it to a location on the Arkansas River. On the same day Cody was fatally injured when a cable attached to the front end of his truck broke causing his truck to overturn.\nIn a letter dated December 2, 1960, copy of which was mailed to Mrs. Cody, the insurance carrier of Co-Ark. requested that a hearing be set before the Referee of the Workmen\u2019s Compensation Commission to determine dependency and to establish the average iveddy wage. The Workmen\u2019s Compensation Commission sent a notice of the hearing to the respective parties, stating that the hearing would be held January 9, 1961, \u201cto determine who are dependents of the deceased.\u201d Mrs. Cody appeared at the hearing but was not represented by counsel.\nEven though the hearing before the Workmen\u2019s Compensation Referee was instigated entirely by the insurance carrier and such hearing was limited by the Commission to the questions of dependency and average weekly wage, the Referee not only made findings relative to those matters but went further and found that the worker, Calvin Cody, was an employee of Co-Ark. Construction Company on the date of his death; that Cody sustained an accidental injury arising out of and in the course of his employment and directed the insurance carrier to pay maximum compensation benefits to Cody\u2019s widow and the two children.\nA Petition for Review by the Pull Commission was filed by Mrs. Cody objecting to and appealing from the findings of the Referee.\nMeanwhile, on February 20, 1961, a complaint at law was filed in the Circuit Court of Perry County by Mrs. Cody alleging that Calvin Cody was an independent contractor and sued for damages due to the negligence of Co-Ark\u2019s, employees. Co-Ark. Construction Company, Inc., filed a Motion to Dismiss the complaint alleging that the Arkansas Workmen\u2019s Compensation Commission had exclusive jurisdiction of the matter.\nOn April 5, 1961, the Circuit Court of Perry County rendered its Order overruling the Motion to Dismiss, from which comes the Petition for Writ of Prohibition.\nThis Court has repeatedly held that prohibition will not be granted in any case where the jurisdiction of the court is dependent upon the determination of contested facts. See: Clement v. Williams, Chancellor, 227 Ark. 199, 297 S. W. 2d 656; Twin City Lines, Inc., v. Cummings, Judge, 212 Ark. 569, 206 S. W. 2d 438; Murphy v. Trimble, 200 Ark. 1173, 143 S. W. 2d 534; Metropolitan Life Ins. Co. v. Jones, 192 Ark. 1145, 97 S. W. 2d 64; Stockburger v. Combs, 190 Ark. 338, 78 S. W. 2d 816; Merchants & Planters\u2019 Bank v. Hammock, 178 Ark. 746, 12 S. W. 2d 421.\nIn the instant case, the jurisdiction of the Circuit Court is dependent upon the establishment of the worker\u2019s status, i.e., the question of fact as to whether he was an independent contractor, or whether he was an employee of Co-Ark. Construction Company. This finding of fact will determine the forum of adjudication of this cause.\nIt follows, therefore, that the Circuit Court of Perry County has jurisdiction to determine the fact question as to the worker\u2019s status in the trial of the cause there pending, and to issue such orders to the parties, upon proper petition, to stay the proceedings before the Workmen\u2019s Compensation Commission until the case is decided in the Circuit Court. If it should be found in the Circuit Court that the worker was in fact an employee of Co-Ark. Construction and not an independent contractor, then upon further determination by the Workmen\u2019s Compensation Commission the employer or carrier will be entitled to claim the allowance provided for such situations as set out in \u00a7 81-1318 (3) of the Workmen\u2019s Compensation Act.\nWrit of Prohibition denied.",
        "type": "majority",
        "author": "Jim Johnson, Associate Justice."
      }
    ],
    "attorneys": [
      "Barber, Henry Thurman ds McCaskill, for appellant.",
      "Williams & Gardner, for appellee."
    ],
    "corrections": "",
    "head_matter": "Co-Ark. Construction Co. v. Amsler, Judge.\n5-2496\n352 S. W. 2d 74\nOpinion delivered November 20, 1961.\n[Rehearing denied January 8, 1962.]\nBarber, Henry Thurman ds McCaskill, for appellant.\nWilliams & Gardner, for appellee."
  },
  "file_name": "0200-01",
  "first_page_order": 222,
  "last_page_order": 225
}