HEIRIEN v. Flowers

GARY W. LYNCH, Judge.

Ivey Heirien, Katrina Williams, Salina Nelson, and Frederick Nunley (collective ly, “Plaintiffs”) appeal the dismissal of their wrongful-death action against Junior Flowers and Josh Flowers (collectively, “Defendants”) for lack of subject matter jurisdiction. Plaintiffs contend that Defendants are not entitled to the exclusivity protection of section 287.120.1 1 because Defendants do not constitute an employer as defined by statute. Because application of the exclusivity provision contained in section 287.120.1 is not a matter of subject matter jurisdiction but rather is…