State Ex Rel. McDonnell Douglas Corp. v. Luten

GUNN, Judge.

Relator through prohibition seeks to test the jurisdiction of the trial court in what is alleged to be a workers’ compensation matter reserved for the Labor and Industrial Relations Commission. We make our provisional rule in prohibition absolute.

Relator McDonnell Douglas Corporation is a defendant in a common-law negligence action for injuries suffered by one of its employees. Relator moved for summary judgment on the employee’s petition, or in the alternative to dismiss the petition for lack of subject-matter jurisdiction. The motion asserted that exclusive jurisdiction over the…