Legal Opinion · Dissent

Williams v. Johnson Custom Homes

Court of Appeals of Arkansas

Decided October 3, 2007No. CA 06-1048Published

1DissentWendell L. Griffen, Judge

The majority has as a held that appellant, an Arkansas worker, “elected” Ohio “remedy” when he received workers’ compensation benefits pursuant to Ohio law from an Arkansas employer for an injury that occurred in Arkansas. In so holding, it turns a blind eye on the bad faith actions of the employer, which led to appellant pursuing his workers’ compensation claim in a forum where he had no legitimate contacts. Because I consider such bad-faith actions contrary to the public policy upon which the workers’ compensation system is based and fundamentally unconscionable, I must dissent.

The majority…

2Cases cited13 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. Burger King Corp. v. RudzewiczSupreme Court of the United States · 1985
  3. McGee v. International Life InsuranceSupreme Court of the United States · 1957
  4. Servewell Plumbing, LLC v. Summit Contractors, Inc.Supreme Court of Arkansas · 2005
  5. Nelms v. Morgan Portable Building Corp.Supreme Court of Arkansas · 1991

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