Workers’ Compensation
Cases of Note
- Obtained a defense verdict for a Madison County corporation in a workers’ compensation case. Successfully argued the Plaintiff’s accident was not caused by his employment, but was rather caused by an idiopathic factor, namely, a pre-existing torn meniscus.
- Obtained a defense verdict on behalf of global coal company in the Bessemer Division of Jefferson County in a workers’ compensation hearing loss case. Successfully argued the Plaintiff’s alleged hearing loss was not related to his employment.
- Successfully tried a workers’ compensation case in Montgomery County, Alabama that involved a claim of successive injuries by Plaintiff. Trial judge assigned a 0% impairment rating regarding Plaintiff’s first alleged injury and entered a defense verdict on Plaintiff’s second alleged injury.
- Prevailed in a compensability trial in Morgan County, Alabama. The case involved a dispute between two employers over a question of who was responsible for the injured worker’s benefits pursuant to the last injurious exposure rule. Following trial, the Judge entered an Order dismissing our client from the case.
- Obtained dismissal of a workers’ compensation case on behalf of a large automobile dealership that involved a complex dispute regarding compensability of the plaintiff’s claim.
- Obtained a summary judgment on behalf of a third-party administrator in an outrage case alleging a claim adjuster’s mishandling of a worker’s compensation claim.
- Obtained a defense verdict in Jefferson County on behalf of a construction company in a workers’ compensation case in which the defendant employee suspected the plaintiff was impaired from illegal drugs, but no post-accident drug test was obtained.
- Obtained a defense verdict for a Blount County restaurant in a workers’ compensation case involving issues of whether the plaintiff’s accident occurred in the course and scope of her employment. Plaintiff had completed her work duties, clocked out and waited on porch of restaurant with co-workers before she tripped on a cross-tie in the parking lot while walking to her car.
- Successfully argued at a compensability trial in Calhoun County that plaintiff’s carpal tunnel syndrome was not related to her employment with a chicken plant. Presented overwhelming evidence that plaintiff’s hand condition was related to other, non-employment factors.
- Successfully defended an automobile supplier in a case brought by over 50 plaintiffs claiming chemical exposure in the work place.
- Successfully defended a large manufacturer and co-employees against claims of willful conduct brought by a worker who suffered a lower extremity amputation in an industrial rail yard accident.
- Obtained a summary judgment on a co-employee claim and a workers’ compensation claim against a brick mason by showing Plaintiff was an independent contractor and was not an employee of client.
- Obtained a summary judgment in an Outrage/Breach of Contract action against Third Party Administrator alleging mishandling of a claim under the On-The-Job injury program of a governmental entity.
- Represented employers against employee claims for carpal tunnel syndrome, DeQuervain’s tenosynovitis, dupuytren’s concracture and trigger finger.
- Represented employers regarding the Medical Secondary Payer (MSP) statute and the Medicare, Medicaid and the SCHIP Extension Act (MMSEA), as well as handling numerous cases involving Medicare Set-Asides (MSAs).
- Represented employers to enforce subrogation liens by intervening in employee’s third-party case and obtained reimbursements in indemnity and medical benefits paid to plaintiff by the employers.
- Represented employers against claims under the Employers’ Liability Act, which provides an alternative cause of action for workplace accidents and diseases not covered by the Alabama Workers’ Compensation Act.
- Represented employers as to worker’s compensation claims for occupational diseases and exposures.