Legal Opinion · Dissent

Moncus v. Billingsley Logging

Court of Appeals of Arkansas

Decided December 7, 2005No. CA 05-264Published

1DissentSam Bird, Judge

I respectfully disagree with the dge, the majority that appellant, Tony Moncus, was not performing employment services at the time of his accidental death. Appellee Billingsley Logging1 was in the business of harvesting logs under contract with Weyerhaeuser. Moncus was employed by Billingsley as a log cutter who was paid according to the weight of the logs that he cut. The site of the log harvesting varied in location from time to time and was determined by Billingsley in coordination with Weyerhaeuser. Under normal circumstances, Moncus would know the location of the job site on any given…

2Cases cited8 opinions

  1. Olsten Kimberly Quality Care v. PetteySupreme Court of Arkansas · 1997
  2. Collins v. Excel Specialty ProductsSupreme Court of Arkansas · 2002
  3. Ray v. University of ArkansasCourt of Appeals of Arkansas · 1999
  4. Shults v. Pulaski County Special School DistrictCourt of Appeals of Arkansas · 1998
  5. Arkansas Department of Correction v. GloverCourt of Appeals of Arkansas · 1991

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