News & Insights

Practice Area: Workers’ Compensation

Aaron Ashcraft Prevails In Compensability Hearing

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…
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Alabama Court Of Civil Appeals Finds Employer Not Responsible For Permanent Injury Caused By Preexisting Condition

On February 27, 2015, the Alabama Court of Civil Appeals released an opinion re-affirming the principle that an employer is only liable under the Worker’s Compensation Act for treatment of the temporary injury when a work related injury aggravates a preexisting condition. Ex parte Fairhope Health & Rehab, LLC, 2015 WL 836706, at *7 (Ala. Civ….
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Idiopathic Defense

INTRODUCTION      The doctrine of “idiopathic falls” can be a very fruitful defense in workers’ compensation cases. The doctrine arises from the general rule that, “the employment must be the source and cause of the accident in order to be compensable as a workers’ compensation injury.” Slimford Manuf. Co. v. Martin, 417 So. 2d 199 (Ala….
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John C. Webb Obtains A Defense Verdict In A Workers’ Compensation Hearing Loss Case

John Webb recently obtained a defense verdict on behalf of a global coal mining company in a workers’ compensation hearing loss trial. The Plaintiff filed suit against his employer claiming permanent hearing impairment arising out of his employment. Defendant denied that any of the coal miner’s hearing loss was due to occupational hazards of his…
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Employee’s Participation In A Recreational Activity The Employer Did Not Derive Any Benefit From Found To Not Be Within The Scope Of Her Employment

On February 27, 2015, the Alabama Court of Civil Appeals entered a decision in the case of Pollock v. Girl Scouts of Southern Alabama, Inc., 24 ALW 10-6 (2130538), 2/27/15. The issue in Pollock was whether an employee’s participation in a horseback riding event organized and planned by a co-employee was within the scope of the…
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The Effect Of Preexisting Conditions On Medical Causation

On April 4, 2014, the Alabama Court of Civil Appeals issued an opinion on the effect of an employee’s preexisting condition and its impact on the issue of medical causation.  See Madison Academy, Inc. v. Hanvey, 2014 WL 1328334 (Ala. Civ. App. 2014). In Madison Academy, “the employee suffered from Myasthenia gravis (“MG”) which is an idiopathic disease…
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Medical Causation In The Context Of An Alleged Altered Gait Injury

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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Whether The Unsafe Use Of A Safety Device Is Sufficient To Support A Co Employee Liability Claim Based On The Alleged Removal Of A Safety Device

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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