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Aaron Ashcraft recently prevailed in a compensability hearing before Judge Steven Haddock in Decatur, Alabama in Darrin Hester v. Minor Tire Company, et al.
The dispute was between Minor Tire and AJ Associates, and concerned the last injurious exposure doctrine. The Plaintiff initially was employed with AJ Associates, a temporary employment agency, and assigned to work at Minor Tire. The Plaintiff sustained a work related injury while in his employment with AJ Associates. Although he continued to experience symptoms as a result of the accident, he continued to work, and was later hired as a full time employee of Minor Tire. Subsequently, the Plaintiff suffered a second event, which led to a period of disability. A dispute arose regarding who was responsible for treatment. Aaron Ashcraft defended Minor Tire in the compensability hearing conducted before Judge Haddock.
Based on the evidence that the Plaintiff’s pain did not resolve following the first injury, Judge Haddock concluded the second event was merely a recurrence of the work related injury which occurred during the employment of AJ Associates. Minor Tire was therefore dismissed from the case.