Ex parte Johns and Kirksey, Inc. Circuit Court of Tuscaloosa County, Alabama (February 8, 2013) The Alabama Court of Civil Appeals recently held that an employee presented substantial evidence that his cumulative-trauma injury occurred in the line and scope of his employment and therefore was compensable. The plaintiff,...
INJURY TO EMPLOYEE THAT HAD CLOCKED OUT DEEMED NOT COMPENSABLE McDuffie vs. Medical Center Enterprise Circuit Court of Coffee County, Alabama (September 14, 2012) The Alabama Court of Civil Appeals recently held that an off-the-clock employee that...
PAIN EXCEPTION DOES NOT REMOVE CASE FROM SCHEDULED MEMBER PROVISIONS OF ALABAMA’S WORKERS’ COMPENSATION ACT Gold Kist, Inc. vs. Smith Circuit Court of Franklin County, Alabama (August 10, 2012) The Alabama Court of Civil Appeals recently refused to remove an ankle injury from the scheduled member...
RATTLESNAKE BITE DOES NOT ARISE OUT OF EMPLOYMENT Mercy Logging vs. Odom Circuit Court of Escambia County, Alabama (July 27, 2012) The Alabama Court of Civil Appeals recently held that a snake-bite suffered by an employee did not arise out of his employment. The plaintiff, Johnnie Odom, worked...
MINOR INJURED AT WORK ENTITLED TO DOUBLE COMPENSATION Denmark v. Industrial Manufacturing Specialists, Inc. Circuit Court of Morgan County, Alabama (May 4, 2012) The Alabama Court of Civil Appeals recently held that a 16-year-old part-time employee injured while performing a job that minors are precluded from performing...
EMPLOYEE SUFFERS COMPENSABLE INJURY RETURNING TO WORKPLACE AFTER RETRIEVING ITEM FROM HIS VEHICLE Ex parte Advantage Resourcing, Inc. Circuit Court of Mobile County, Alabama (April 20, 2012) The Alabama Court of Civil Appeals recently held that an employee who suffered a slip and fall accident while returning to...
COURT CONCLUDES THAT “TRAVELING EMPLOYEE” SUFFERS COMPENSABILITY INJURY McDaniel v. Helmerich & Payne International Drilling Co. Circuit Court of Mobile County, Alabama (March 30, 2012) The Alabama Court of Civil Appeals recently held that an employee who was injured in a car accident while on his way to...
G. A. West & Co., Inc., v. Johnston Washington County Circuit Court (February 10, 2012) The Alabama Court of Civil Appeals recently held that an employee’s failure to fully disclose his prior medical history on a job application did not preclude him from recovering permanent and total...
ALABAMA WORKERS’ COMPENSATION CASE LAW UPDATE I. PERMANENT TOTAL DISABILITY AND RECEIPT OF UNEMPLOYMENT COMPENSATION BENEFITS White Tiger Graphics, Inc. v. Paul Clemons Madison County (January 13, 2012) Last week, the Alabama Court of Civil Appeals held that an employee is not barred from making a claim for permanent...