Harned v. Farmland Foods, Inc.

HARRIS, Justice.

The parties here dispute even the nature of their dispute. Defendants, employer and insurance company, see the suit as a workers’ compensation case. Plaintiffs think the suit merely arose as an aftermath of a workers’ compensation case. Either way we think the trial court was correct in holding the dispute belonged before the industrial commissioner. We affirm a ruling which sustained defendants’ motion to dismiss.

In filing their motion to dismiss defendants, for the purposes of the motion, assume plaintiffs’ allegations of fact. Ruling of such a motion is not discretionary;…