News & Insights

Practice Area: Workers’ Compensation

The Return To Work Statute Must Be Plead As An Affirmative Defense Or Is Deemed Waived

In Grieser v. Advanced Disposal Services Alabama, LLC, 26 ALW 33-4 (2160290), 8/11/17, the Court of Civil Appeals reversed a trial court’s refusal to consider the employee’s vocational disability and held that separate circumstances relieving an employer’s liability under the “Return to Work” statute are affirmative defenses which must be plead or are deemed waived….
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Aaron Ashcraft Obtains Defense Verdict In Shelby County, Alabama

In Lawley v. Chelsea Hidden Acres, Aaron Ashcraft obtained a defense verdict from Judge Sonny Conwill following a bench trial. The Plaintiff alleged she sustained an injury in the course and scope of her employment as a patient care tech, lifting a resident out of a bed on July 23, 2013. This allegation remained consistent…
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Court Dismisses Plaintiff’s Lawsuit For Failure To Comply With Discovery

In Horton v. Hinton, 26 ALW13-4 (2150631), the Court of Civil Appeals affirmed a trial court’s dismissal of a lawsuit based on plaintiff’s failure to comply with discovery orders.    In February 2015, Brianna Horton filed suit against Bria Hinton alleging that Hinton drove her motor vehicle negligently and/or wantonly causing the subject motor vehicle…
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Alabama Supreme Court Affirms Employers Right To Claim Immunity From Tort Claims For Employees Injured On The Job Who Are Obtained Through Staffing Agencies

In Ex parte Tenax Corp., the Alabama Supreme Court reaffirmed that the exclusive-remedy provisions of the Alabama Workers’ Compensation Act, § 25–5–1 et seq., Ala. Code 1975 can provide immunity from tort claims filed by workers’ provided to an employer through a staffing agency. In July 2014, John Dees submitted an application with Onin Staffing,…
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Reasonably Necessary Mileage Costs

On September 16, 2016, the Alabama Court of Civil Appeals released its decision in Page v. Southern Care, Inc., — So.3d —, 2016 WL4938180 regarding reimbursement of reasonably necessary mileage costs.         The employee in Page, found employment as a nurse out of state on a temporary basis in West Palm Beach, Florida and in Valdosta, Georgia.  She…
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Alabama Supreme Court Reviews Issues Relating To Course And Scope Of Employment, Finds Assault And Battery And Outrage Claims Are Barred By The Exclusivity Provision

An interesting decision concerning the course and scope of employment was recently issued by the Alabama Supreme Court, in Ex parte Lincare Inc. The Plaintiff in the action resigned from her employment with Lincare on June 6, 2014, and submitted a letter of resignation to her supervisor. After she presented her supervisor with the resignation letter, her…
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Court Of Civil Appeals Clarifies When A Trial Court’s Decision Is A Final Judgment For Purposes Of Appeal

In Ex parte Lowe’s Home Centers, LLC, (Ala. Civ. App. May 6, 2016)[25 ALW 20], the employee Sarah Brown (“Brown”) filed a workers’ compensation action against her employer Lowe’s Home Centers, Inc. (“Lowe’s), seeking medical treatment for her claimed back injury and an award of disability benefits.  After conducting a compensability hearing, the trial court found Brown’s…
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John C. Webb Obtains A Defense Verdict

John Webb recently prevailed in a workers’ compensation trial before Judge D. Alan Mann in Madison County, Alabama in Antonio Octaviano v. Coast Personnel Services, Inc. At the time of the accident, Plaintiff was employed with Benchmark Electronics through Defendant, Coast Personnel Services, Inc.  Coast Personnel is a temporary staffing agency.  The Plaintiff alleged he suffered a work…
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Court Of Civil Appeals Finds Employer Responsible For Knee Replacements

In, Ex parte Reed Contracting Servs., Inc., No. 2150230, 2016 WL 360725 (Ala. Civ. App. Jan. 29, 2016), the plaintiff, Henry Riley (“Riley”), injured both of his knees and wrists during the course of his employment with his employer, Reed Contracting Services (“Reed”) when he fell from a man lift in March 2012. Id. at *1. Riley…
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