Continental Casualty Insurance Co. v. Functional Restoration Associates

I agree with the Court’s holding that Continental Casualty does not have a statutory right to judicial review of the Work*406ers’ Compensation Commission’s decision. But I disagree with the Court that Continental waived its constitutional basis for judicial review merely because it neglected to add this claim to its pleadings once this issue was raised in the trial court. This holding not only elevates form over substance, but is contrary to the spirit of established precedent. Therefore, I respectfully dissent.

I

Continental brought this suit to reverse the Commission’s order requiring it to pay…