AG Opinion 2019-10

The Attorney General determined that retaliation claims under workers’ compensation laws relate back to the date of the work-related injury for purposes of determining which statute is given effect and which entity has jurisdiction and that retaliation claims relating to work-related injuries that occurred between February 1, 2014 and May 27, 2019 must be filed with the Workers’ Compensation Commission. However, retaliation claims relating to work-related injuries that occurred or will occur on or after May 28, 2019 must be filed in district court and for retaliation claims properly filed with and currently pending before the Workers’ Compensation Commission, the Commission has exclusive jurisdiction.