Green v. Smith & Scott Logging

I concur with the majority opinion that this matter should be remanded to the Commission. However, I believe that we err in directing the Commission to rule on the constitutionality of a state statute, Ark. Code Ann. § 11-9-521.

In International Paper Co. v. McBride, 12 Ark. App. 400, 678 S.W.2d 375 (1984), the appellant challenged the constitutionality of a section of the Arkansas Workers’ Compensation Act. The Commission declined to rule on the constitutionality issue, and on appeal to us we said:

[T]he constitutionality of a statute must be raised at the Commission level; however, the…