205-967-8822 Contact

News & Insights

Practice Area: Workers’ Compensation

Alabama Court Of Civil Appeals Finds Employer Failed To Prove Employee Returned To Work Making The Same Or Greater Average Weekly Wage And The Return To Work Statute Did Not Apply

Posted on

On October 4, 2019, the Alabama Court of Civil Appeals released AMEC Foster Wheeler Kamtech, Inc. v. Chandler, — So. 3d –, 2019 WL 4894327 (Ala. Civ. App. 2019), which found the employer, Defendant AMEC Foster Wheeler Kamtech, Inc., failed to prove the employee, Plaintiff Jimmy Chandler, returned to work making the same or greater…
Read More

Exclusivity Provisions Of The Workers’ Compensation Act Do Not Bar Claims Of Negligence And Wantonnes Against The Employer For Conduct Occuring After The Workplace Injury

Posted on

In Ex parte Burkes Mechanical, Inc., 28 ALW 50-3 (1180402); 12/6/2019, 170-3 (2171022), 4/19/2019, the Employer, Burkes Mechanical, Inc., (Burkes Mechanical) petitioned the Alabama Supreme Court for a writ of mandamus directing the trial court to vacate its Order denying its Motion to Dismiss claims of negligence and wantonness asserted against it by Employee Alexsie…
Read More

Alabama Court Of Civil Appeals Finds Employee’s Fraud, Outrage And Conspiracy Claims Are Not Barred By Exclusive Remedy Provision Of Ala. Code Section 25 5 53

Posted on

On October 18, 2019, the Alabama Court of Civil Appeals released an opinion holding that Plaintiff Orethaniel Swain’s (“Plaintiff”) outrage, fraud and conspiracy claims against Defendants AIG Claims, Inc., Insurance Company of the State of Pennsylvania, Coventry Health Care Workers’ Compensation, Inc. and Jackie Angeles (“Defendants”), based on the handling of his worker’s compensation claim…
Read More

A Petition For Writ Of Mandamus Is Not The Proper Remedy For Requesting Review Of Discovery Orders

Posted on

In Ex parte Farley, — So.3d —-, 2019 WL 2558824 (Ala. Civ. App. June 21, 2019), the Employee, Randy Farley (“Farley”) filed suit for workers’ compensation benefits against his Employer, Transport America, Inc. (“Transport America”) in Etowah County, Alabama.  As part of its discovery requests, Transport America asked that Farley execute releases for obtaining certain…
Read More

Attorneys Aaron Ashcraft And John C. Webb Prevailed On A Res Judicata Argument, Obtaining Summary Judgment In A Workers’ Compensation Case

Posted on

Attorneys Aaron Ashcraft and John C. Webb recently obtained summary judgment in a workers’ compensation action pending in Bessemer Alabama. The summary judgment asserted a novel res judicata argument, and was based on the proposition that a Plaintiff cannot recover benefits after previously asserting, and settling, a claim for permanent total disability benefits against the…
Read More

Trial Court Not Bound By Impairment Ratings Assigned By Treating Physician

Posted on

In Tuscaloosa County v. Beville, 28 ALW 170-3 (2171022), 4/19/2019, Employee Chaka Beville (“Beville”) slipped and fell while working in the course and scope of her employment at the Tuscaloosa County jail in 2014, injuring her left wrist.  She was treated by her authorized treating physician, Dr. Buckley, who performed surgery and later ordered a…
Read More

The Alabama Court Of Civil Appeals Reverses Pain Management Order By Trial Court

Posted on

In Ex parte Trusswalk, Inc., No. 2180266, 2019 WL 1415997 (Ala. Civ. App.), the Alabama Court of Civil Appeals reviewed a trial court’s order directing an employer to provide pain management treatment for a workers’ compensation claimant. In Trusswalk, an employee filed a lawsuit against his employer alleging a lower back injury resulting from a…
Read More

The Alabama Supreme Court Reverses Prior Precedent And Clarifies Venue In A Workers’ Compensation Action Against A Foreign Corporation

Posted on

Venue for actions against corporations, both domestic and foreign, are governed by Ala. Code §6-3-7(a)(3) (1975). The statute provides an action may be brought against a corporation in “the county in which the plaintiff resided, or if the plaintiff is an entity other than an individual, where the plaintiff had its principal office in this…
Read More

Sia K Newman Succeeds At Trial In Challenging Plaintiff’s Claim Of 100 Percent Permanent And Total Disability

Posted on

Employee Joseph Fields, (“Fields”) filed a Complaint against his employer Sexton Lawn & Landscape, for workers’ compensation benefits relating to right leg and lower back injuries he allegedly received from a brown recluse spider bite on August 13, 2015, while in the course and scope of his employment with Sexton Lawn & Landscape.  Fields claimed…
Read More

The Court Of Civil Appeals Confirms That An Evidentiary Hearing Must Be Conducted Before A Trial Judge Can Compel Medical Treatment

Posted on

In Ex parte Sears Roebuck and Co., 27 ALW 20-6 (2170632), 5/11/2018, the employee, Jeffrey Donaldson, (“Donaldson”), filed a Complaint for workers’ compensation benefits against his employer, Sears Roebuck and Co. (“Sears”) alleging that he suffered a compensable injury to his back while repairing an air-ventilation unit in 2016.  Donaldson received authorized treatment for his…
Read More

Contact

Let’s talk about what our firm can do for you.

Our locations in Birmingham and Pensacola are conveniently located for clients in the Southeast.

Get In Touch