Remand to District Court after certified question to examine whether affiliated company had a persona distinct from the employer for purposes of workers compensation.
A motion to dismiss a suit in federal court on the basis that state law deprives state courts of the ability to hear a similar claim asserts not a lack of jurisdiction, but the invocation of a waiveable affirmative defense that should be construed as a motion for summary judgment.
https://www.ca10.uscourts.gov/opinions/17/17-6065.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.