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JONES BROTHERS, INC. v. WHITLOCK

No. 05-1135.

234 S.W.3d 864 (2006)

JONES BROTHERS, INC. and Lumbermen's Underwriting Alliance, Appellants/Cross Appellees, v. Michael WHITLOCK, d/b/a Michael Whitlock Trucking Co., Aggregate Transportation Specialist, LLC, and Missouri Employer's Mutual Insurance Co., Inc., and Leslie A. Keeter, Appellees, Journagan Construction Co. and Builders' Association Outstates Insurance Plan/Benchmark Ins. Co., Appellees/Cross Appellants.

Supreme Court of Arkansas.

May 4, 2006.

Attorney(s) appearing for the Case

Baxter, Jensen, Young & Houston, by: Terence C. Jensen, Benton, AR, for appellants.

Davis, Wright, Clark, Butt & Carithers, PLC, by: Constance G. Clark, Fayetteville, AR, for appellee Aggregate Transportation Specialist, LLC.

Friday, Eldredge & Clark, by: James C. Baker, Jr., Little Rock, AR, for appellee Missouri Employers' Mutual Insurance Co., Inc.

Dover Dixon Horne PLLC, by: Joseph H. Purvis and Monte D. Estes, Little Rock, AR, for appellee Leslie A. Keeter.

Warner, Smith & Harris, PLC, by: Wayne Harris, Fort Smith, AR, for appellee/cross-appellant Journagan Construction Co.

Laser Law Firm, P.A., by: Frank B. Newell, Little Rock, AR, for appellee/cross-appellant Builders' Association Outstates Insurance Plan/Benchmark Insurance Co.

ROBERT L. BROWN, Justice.

Appellants Jones Brothers, Inc. and its insurer, Lumbermen's Underwriting Alliance, appeal an order by the Workers' Compensation Commission to pay benefits to appellee Leslie Keeter. Jones Brothers raises three issues on appeal: (1) substantial evidence does not support the Commission's decision; (2) Jones Brothers was not the statutory employer; and (3) the method of recovery for Jones Brothers against the responsible subcontractor is error...

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