Sexton v. Jenkins & Associates, Inc.

MICHAEL A. WOLFF, Judge.

Introduction

After Dale Sexton’s first lawsuit for on-the-job injuries failed for lack of subject matter jurisdiction, may he try again in a second suit?

Sexton’s first lawsuit for injuries against his employer was dismissed on the grounds that Sexton’s claim is for workers’ compensation that is within the exclusive jurisdiction of the Labor and Industrial Relations Commission. The court of appeals affirmed the dismissal. In this second lawsuit, Sexton pleaded new allegations intended to invoke the circuit court’s jurisdiction.

Although the dismissal of the first lawsuit…