Zurich American Insurance Co. v. Brierly

OPINION

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals reversing and remanding the opinion of the Workers’ Compensation Board and remanding the findings of the Administrative Law Judge for reinstatement. The Board had reversed the order of the ALJ dismissing the workers’ compensation claim for lack of jurisdiction so as to allow the claimant to proceed with a civil action.

The issue is whether the Department of Workers’ Claims has original and exclusive jurisdiction to decide whether Brierly’s death resulted from the deliberate intention of his employer to cause…