upholding a third-party liability disclaimer despite Ark. Code Ann. § 11-9-108(a), which addresses only an employee’s agreement "to waive his or her right to compensation"
How later courts described this case
- upholding a third-party liability disclaimer despite Ark. Code Ann. § 11-9-108(a), which addresses only an employee’s agreement "to waive his or her right to compensation"
- upholding identical release, concluding employee is merely agreeing to waive rights to amounts additional to workers’ compensation remedy already provided
Written by the judges who cited it.
The opinion
Newbern, J., dissents because the agreement at issue violates the policy of encouraging the exercise of reasonable care.