RGIS Inventory v. George Allen Huey

Court of Civil Appeals of Alabama

234 So.3d 529 | Dec. 16, 2016


ALABAMA COURT OF CIVIL APPEALS AFFIRMS DENIAL OF MOTION TO INTERVENE

George Allen Huey, the employee, was injured in a car wreck in Alabama while travelling from Mississippi to Tennessee.  Employee filed a claim for workers’ compensation benefits in Mississippi, which was denied. Employee appealed that decision with the Mississippi Workers’ Compensation Commission. Employee filed a third party civil suit for damages in Alabama resulting from the car wreck.

RGIS Inventory Specialists, the employer, and the workers’ compensation carrier filed a motion to intervene in the Alabama action to determine their subrogation rights, or the amount of any setoff which could be applied to their liability for workers’ compensation benefits. The Alabama trial court denied the motion to intervene. Employee then settled his car wreck claim, and the employer and the carrier appealed the trial court’s decision to deny their motion to intervene.

The Alabama Court of Civil Appeals opined that the employer and workers’ compensation carrier had filed a valid appeal, as their motion to intervene was denied before the employee settled his car wreck claim. However, in their appellate brief, the employer and the workers’ compensation carrier failed to cite any Alabama law, and relied only on Mississippi statute. The Alabama Court of Civil Appeals determined that such a brief has no merit in the Alabama appellate courts, and that the employer and workers’ compensation carrier had waived their argument. Trial court’s order was affirmed.

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