In Dubose Construction v. Simmons, the Alabama Court of Civil Appeals revisited an employee’s burden for obtaining compensation outside the schedule based on a seemingly routine knee injury. 2013 Ala. Civ. App. LEXIS 239 (Ala. Civ. App. Dec. 20, 2013). The employee, James Simmons, injured his knee in a workplace fall. Medical examinations revealed a torn…
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In Roblero v. Cox Pool of the Southeast, 2013 Ala. Civ. App. LEXIS 137 (Ala. Civ. App. June 21, 2013) the Alabama Court of Civil Appeals affirmed a trial court’s finding that an employer was entitled to subrogation of UIM/UM benefits paid to an injured worker. On its face, this decision appears to upset the longstanding…
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In Bates v. Riley, the Alabama Court of Civil Appeals examined whether the unsafe use of a safety device was sufficient to support a co-employee liability claim based on the alleged willful or intentional removal of a safety device. 2013 Ala. Civ. App. LEXIS 32 (Ala. Civ. App. Feb. 1, 2013). Plaintiff Jack Bates and Defendant…
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When a trial court is asked to make a determination of whether an injured employee is permanently and totally disabled, the court should first turn to the definition of the term as set forth in Ala. Code (1975) § 25-5-27(a)(4)d: Any physical injury or mental impairment resulting from an accident, which injury…
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In McDuffie v. Medical Center Enterprise, the Alabama Court of Civil Appeals recently declined an opportunity to expand an exception to the “coming and going” rule when it examined the case of a nursing student injured on hospital grounds after her regular shift was over. 2012 Ala. Civ. App. LEXIS 249 (Ala. Civ. App. Sept. 14,…
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On August 10, 2012, the Alabama Court of Civil Appeals released an opinion in Gold Kist v. Smith, 2012 Ala. Civ. App. LEXIS 220, clarifying the “debilitating pain” exception. In Gold Kist, the plaintiff suffered a severe ankle injury which arose in the line and scope of her employment. Following surgery and a period of recovery, the…
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Under the Alabama Workers’ Compensation Act, injuries are divided between injuries compensated according to the schedule of benefits contained in Ala. Code § 25-57(a)(3) and injuries compensated outside of the schedule. Typically, compensation for scheduled injuries is less than compensation awarded outside of the schedule. More significantly, evidence of a vocational impairment has been deemed irrelevant to…
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In McDaniel v. Helmerich & Payne Int’l Drilling Co., the Alabama Court of Civil Appeals, in a case of first impression, vastly expanded the category of employees meeting the definition of “traveling employees” for the purposes of Alabama’s workers’ compensation law. In McDaniel, the employee worked as a “rough neck” or “motor man” for a drilling company…
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On April 27, 2011, a series of destructive tornados tore through the state of Alabama, killing hundreds and injuring hundreds more. Although legal concerns are not at the top of anyone’s mind in this time of tragedy, workers’ compensation adjusters and attorneys might soon be faced with workers’ compensation claims for injuries or deaths which…
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