News & Insights

Practice Area: Workers’ Compensation

Limitations On Exceptions To The Coming And Going Rule

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,…
Read More

Recent Case Clarifies The Workers’ Compensation “Debilitating Pain” Exception

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…
Read More

Strategy For Defending A Claim For Unscheduled Benefits Under The Graben Pain Exception

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…
Read More

Expanding The “Traveling Employee” Exception To The Coming And Going Rule

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…
Read More

Handling Tornado Based Worker’s Compensation Claim

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…
Read More