Attorneys

Of Counsel

Aaron Ashcraft

Aaron Ashcraft practices in LGWM’s Workers Compensation Practice Groups.  Aaron has experience defending workers’ compensation disputes, including claims under the Alabama Workers’ Co... Read More »

880 Montclair Road, Suite 100, Birmingham, AL 35213

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Full Bio

Aaron Ashcraft practices in LGWM’s Workers Compensation Practice Groups.  Aaron has experience defending workers’ compensation disputes, including claims under the Alabama Workers’ Compensation Act, ancillary outrage and retaliatory discharge claims and claims under the Federal Black Lung Act.

Aaron clerked for the Alabama Supreme Court and has experience in appellate practice. Aaron has handled a number of appeals to the Alabama Court of Civil Appeals, Alabama Supreme Court, Benefits Review Board and 11th Circuit Court of Appeals.

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Professional Profile

Member, Alabama Bar Association
Member, Birmingham Bar Association
Member, Workers Compensation Practice Section

Admitted
All Alabama State Courts
The United States District Court for the Northern and Middle Districts of Alabama

Education

Vanderbilt Law School, J.D. (2007)
Stephen F. Austin State University, B.A. in History and Political Science (2004)

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Cases of Note

  • Presented Oral Argument before 11th Circuit Court of Appeal on novel and complex legal issue dealing with statutory interpretation of the automatic entitlement provision of the Patient Protection and Affordable Care Act, which altered the burden for survivors to prove claims for benefits under the Federal Black Lung Benefits Act.
  • Presented Oral Argument before Alabama Supreme Court on Plaintiff’s attempt to re-litigate, in state court, its designation as the party responsible for payment of Federal Black Lung benefits. The Alabama Supreme Court affirmed the trial court’s order dismissing our client from the case.
  • Obtained defense verdict in Madison County in Plaintiff’s claim for workers’ compensation benefits arising from injuries sustained in an altercation. Successfully argued that injury did not arise out of the Plaintiff’s employment. Plaintiff appealed and Court of Civil Appeals affirmed the denial of benefits.
  • Obtained defense verdict in workers’ compensation claim in Shelby County by presenting overwhelming evidence that injury could not have occurred in the manner described by Plaintiff under oath.
  • Obtained summary judgment in a workers’ compensation action pending in the Bessemer Division of Jefferson County. The summary judgment asserted a novel res judicata argument and was based on the proposition that Plaintiff could not recover benefits after previously asserting, and settling, a claim for permanent and total disability against the same employer.
  • Defended appeal before Alabama Court of Civil Appeals arising from Morgan County trial granting of summary judgment on statute of limitations issue. Court of Civil Appeals affirmed the trial court’s decision.
  • Obtained reversal and remand of award of Federal Black Lung Benefits from Benefits Review Board and then obtained a final denial of benefits following briefs on remand to Administrative Law Judge.
  • Obtained a defense verdict in Madison County, Alabama on behalf of a national staffing agency in a case in which Plaintiff claimed to be 100% permanently and totally disabled. Successfully argued that Plaintiff failed to establish legal causation.
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Reported Cases

Dillard v. Calvary Assembly of God, No. 2210341, 2022 WL 4394872 (Ala. Civ. App. Sept. 23, 2022) 

Betty Thomas, Claimant-Respondent, No. BRB No. 21-0141 BLA, 2022 WL 1422741 (DOL Ben. Rev. Bd. Mar. 30, 2022)

Henry D. Sellers, Claimant-Respondent, No. BRB No. 19-0504 BLA, 2021 WL 2036252 (DOL Ben. Rev. Bd. Mar. 26, 2021)

Patrick v. Mako Lawn Care, Inc., 2021 WL 3234914

United-Johnson Brothers of Alabama, LLC v. Billups 2021 WL 4234152 

John Berry Jackson, Sr., Claimant-Petitioner, No. BRB No. 19-0325 BLA, 2020 WL 5366153 (DOL Ben. Rev. Bd. July 23, 2020)

Ex parte Warrior Met Coal, Inc., 294 So. 3d 780 (Ala. Civ. App. 2019) 

Jim Walter Resources, Inc. v. Director, Office of Workers’ Compensation Programs, Viola Davis OBO Johnny Davis, deceased, 766 F.3d 1333 (11th Cir. 2014).

Fleetwood Trucking Company, Inc. v. Cahaba Resources, 159 So. 3d 628 (Ala. 2014).

Dillard v. Calvary Assembly of God, No. 2210341, 2022 WL 4394872 (Ala. Civ. App. Sept. 23, 2022) 

Willow Lake Residential Ass’n, Inc. v. Juliano, 80 So. 3d 226 (Ala. Civ. App. 2010)

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Practice Areas

General Liability
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Workers’ Compensation
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Federal Black Lung
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