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880 Montclair Road Suite 100 Birmingham, AL 35213
Kristi Smith
Legal Assistant
bio image Aaron Ashcraft

Aaron is a member of LGWM's Workers’ Compensation and General Liability 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.

Professional Profile
  • Member, Alabama Bar Association
  • Member, Birmingham Bar Association
  • Member, Workers Compensation Practice Section
  • All Alabama State Courts
  • The United States District Court for the Northern and Middle Districts of Alabama
Vanderbilt Law School, J.D. (2007)

Stephen F. Austin State University, B.A. in History and Political Science (2004)
  • Successfully argued before the Alabama Supreme Court in a case involving the Plaintiff’s attempt to re-litigate, in state court, its designation as the party responsible for payment of Federal Black Lung benefits. Following oral argument, the Alabama Supreme Court affirmed the trial court’s order dismissing our client from the case. – Federal Black Lung
  • Prevailed in Compensability trial in Morgan County, Alabama. The case involved a dispute between two employers over a question of who was responsible for the injured worker’s benefits pursuant to the last injurious exposure rule. Following the trial, our client was dismissed from the case – Workers’ Compensation
  • Obtained a defense verdict for a large Madison County corporation in a workers’ compensation case. Successfully argued the Plaintiff’s accident was not caused by his employment but was rather caused by an idiopathic factor, namely, a pre-existing torn meniscus. - Workers’ Compensation
  • Prevailed in a claim for Black Lung Benefits by successfully rebutting the presumption of pneumoconiosis established based on a totally disabling pulmonary impairment and 15 years of coal mine employment. Demonstrated that the Claimant’s impairment was not due to coal mine dust but was rather due to congestive heart failure coupled with obesity and weakness or paralysis of the right diaphragm. - Federal Black Lung
  • Prevailed in a claim for survivor’s benefits pursuant to the Black Lung Benefits act by successfully rebutting the presumption the miner’s death was due to pneumoconiosis and instead demonstrating the miner’s death was due to lung cancer. Federal Black Lung
  • Presented oral argument before the 11th Circuit Court of Appeals 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 benefit under the Federal Black Lung Benefits Act.- Federal Black Lung
  • Obtained a summary judgment in an Outrage/Breach of Contract action against Third Party Administrator alleging mishandling of a claim under the On-The-Job injury program of a governmental entity. – General Liability/Ancillary Workers’ Compensation
  • Obtained a reversal of an Administrative Law Judge’s Decision and Order Awarding Benefits from the Benefits Review Board by successfully showing that the Judge failed to consider a relevant pulmonary function study in awarding benefits. - Federal Black Lung
  • Obtained a summary judgment on a co-employee claim and a workers’ compensation claim against a brick mason by showing Plaintiff was an independent contractor and was not an employee of client. - Workers’ Compensation
  • Successfully refuted the identification of client as Responsible Operator by showing to Department of Labor that they incorrectly determined the claimant did not work more than one year in a subsequent coal mine employment.- Federal Black Lung
  • Fleetwood Trucking Co. v. Cahaba Res., LLC, 159 So. 3d 628 (Ala. 2014), reh'g denied (Aug. 22, 2014)
  • Burchfield v. Jim Walter Res., Inc., 175 So. 3d 618 (Ala. 2015)