Legal Opinion · Dissent

Economy Inn & Suites v. Jivan

Court of Appeals of Arkansas

Decided March 14, 2007No. CA 06-158Published

1DissentKaren R. Baker, Judge

I dissent because the majority completely ignores the applicable precedent relied upon by the Commission in awarding benefits and abandons our standard of review of administrative decisions. The Commission found that performing the activity on the premises while on call was the critical focus of the analysis. In reaching its decision, the Commission relied upon our opinion in Privett v. Excel Specialty Products, 76 Ark. App. 527, 69 S.W.3d 445 (2002). In Privett, we explained that the concept of employment services encompasses the performance of incidental activities that are inherently…

2Cases cited13 opinions

  1. Olsten Kimberly Quality Care v. PetteySupreme Court of Arkansas · 1997
  2. White v. Georgia-Pacific Corp.Supreme Court of Arkansas · 1999
  3. Pifer v. Single Source TransportationSupreme Court of Arkansas · 2002
  4. Collins v. Excel Specialty ProductsSupreme Court of Arkansas · 2002
  5. Cook v. ABF Freight Systems, Inc.Court of Appeals of Arkansas · 2004

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