Alabama Appellate Court Decisions

Auto Accidents | Workers' Compensation



Arbitration

Attorney Fees

Authorized Treating Physician

  • City of Thomasville v. Tate

    March 6, 2015

    City of Thomasville's Appeal Partially Successful in Workers' Compensation Case Involving Police Sergeant's Injury

  • Ex parte IMERYS USA

    May 6, 2011

    The Authorized Treating Physician Makes the Referrals to Specialists in Workers' Compensation Cases

Auto Accident

  • O'Brien v. Mobile Public Library

    March 18, 2022

    Aalbama Chapter 13 Trustee Appeals in Favor of Injured Worker, Relying on Established Cahoon Precedent Over Defendant's Claim

Back Injury

  • Entrekin v. Lasseter

    June 26, 2015

    Sheriff Appeals Court's Expansion of Medical Expense Liability Beyond Initial Agreement

  • Jesse Stutts, Inc. v. Hughey

    May 16, 2014

    The Court of Civil Appeals rejected the defendant’s claim that the plaintiff’s back injury was not related to a previous work accident.

Benefit Review Agreement

Blindness

Carpal tunnel

Collateral Estoppel

  • Caton v. City of Pelham

    Dec. 11, 2020

    Plaintiff's Retaliatory-Discharge Claim Dismissed Due to Previous Misconduct Determination

Coming and Going Rule

Compensability Hearing

  • Ex Parte Sears Roebuck, In re: Donaldson

    May 11, 2018

    Court Orders Vacating of Mandate Requiring Sears to Approve Medical Treatment for Employee Due to Absence of Evidentiary Hearing on Injury Compensability.

  • Leesburg Yarn Mills v. Hood

    April 29, 2016

    Leesburg Yarn Mills Appeals Workers' Compensation Decision for Hood's Cumulative-Trauma Injury

Cumulative Stress

  • Leesburg Yarn Mills v. Hood

    April 29, 2016

    Leesburg Yarn Mills Appeals Workers' Compensation Decision for Hood's Cumulative-Trauma Injury

Death of Beneficiary

Dependents

Depression

Discovery Requests

Dismissal

Dismissal Post-Death

Due Process

Evidence

Evidentiary Standard

Exclusive-Remedy Provision

  • Ex parte Jeffrey Varoff

    Dec. 2, 2022

    Court Sides with Defendant in Workplace Injury Case, Granting Immunity Under Workers' Compensation Act

  • Jackson v. Allen

    June 30, 2021

    Court Reverses Ruling on Defendant's Status as Employer's Agent in Plaintiff's Accident Case

  • Means v. Glover

    Feb. 5, 2021

    Court Upholds Dismissal of Plaintiff's Claims against Employer on Grounds of Expiry and Lack of Evidence

  • Saarinen v. Hall

    Sept. 1, 2017

    Court Reverses Denial of Summary Judgment, Finds Uninstalled Safety Saw Does Not Equate to Removal of a Safety Guard

  • Elkins v. Carroll

    Aug. 12, 2016

    TDY Employee's Injury Lawsuit Faces Jurisdiction Challenge on Appeal After Key Counts Dismissed by Trial Court.

  • Lewis v. Alabama Power Co.

    Oct. 14, 2011

    Plaintiff Appealed a Summary Judgment in Favor of APCo on Claims of Negligence and Wantonness

  • Ex parte Salvation Army

    Feb. 18, 2011

    Tort Claims Against Special Employer are Barred by Exclusive-Remedy Provision of the Act

  • Elliott v. Montgomery

    Oct. 15, 2010

    Administrative Rule deemed Willful Conduct: Claim Allowed under Exclusive Remedy Provisions

  • Willie Jones v. Ray Ruth

    July 24, 2009

    Release of Claims Under Workers' Compensation Act does not include Claims Based on Willful Removal of Safety Devicee

Family Caregiving

Foot Injury

  • Ex parte Thomas Hayes

    March 18, 2011

    Foot injury's effects extended beyond the foot and interfered with the effective functioning of Plaintiff's body as a whole

Functional Capacity Evaluation

Future Medical Expense

Hand Injury

Independent Contractor

  • Jackson v. Allen

    June 30, 2021

    Court Reverses Ruling on Defendant's Status as Employer's Agent in Plaintiff's Accident Case

Intentional Infliction of Emotional Distress

  • Swain v. AIG Claims

    Oct. 18, 2019

    Court Reverses Dismissal of Injured Worker's Tort Claims Related to Post-Accident Care

Jurisdiction

  • Sellers v. Venture Express

    Feb. 12, 2021

    Alabama Court of Civil Appeals Overturns Dismissal of Workers' Compensation Claim Due to Out-of-State Agreement

  • Pilgrim's Pride v. Smith

    Dec. 31, 2020

    Defendant's Appeal on Worker's Compensation and Plaintiff's Tort-of-Outrage Appeals Dismissed Due to Jurisdictional Issues

  • Hand Construction v. Stringer

    Jan. 13, 2017

    Dispute Over Jurisdiction and Applicability of Alabama Workers' Compensation Act to Out-of-State Injury

  • Elkins v. Carroll

    Aug. 12, 2016

    TDY Employee's Injury Lawsuit Faces Jurisdiction Challenge on Appeal After Key Counts Dismissed by Trial Court.

Knee Injury

Last Injurious Exposure Rule

Latent-Injury Exception

  • Dillard v. Calvary Assembly of God

    Sept. 23, 2022

    Dillard’s Appeal Denied: Court Upholds Calvary’s Time-Barred Defense on Workers’ Compensation Claim Due to Misapplication of the Latent-Injury Exception

Leg Injury

Legal Causation

  • Brewton YMCA v. Lanier

    March 17, 2017

    Court Affirms Workers' Compensation Award for Injured Worker's Work-Related Fall Despite Conflicting Testimonies

  • City of Thomasville v. Tate

    March 6, 2015

    City of Thomasville's Appeal Partially Successful in Workers' Compensation Case Involving Police Sergeant's Injury

  • Cocking v. City of Montgomery

    March 12, 2010

    PTSD Claim Non-Compensable: Mental Disorders not caused by Physical Injury Fall Outside the Workers' Compensation Act

Maximum Medical Improvement

Medical Benefits

  • Ex Parte Sears Roebuck, In re: Donaldson

    May 11, 2018

    Court Orders Vacating of Mandate Requiring Sears to Approve Medical Treatment for Employee Due to Absence of Evidentiary Hearing on Injury Compensability.

  • Regions Bank v. Allen

    Jan. 12, 2018

    Employer's Appeal Over Termination of Medical Benefits Denied; Lack of Detailed Findings Results in Reversal and Remand

  • Augmentation v. Harris

    Sept. 23, 2016

    Court Holds Augmentation, Inc. in Contempt over Medical Benefits, Augmentation Appeals.

  • Entrekin v. Lasseter

    June 26, 2015

    Sheriff Appeals Court's Expansion of Medical Expense Liability Beyond Initial Agreement

Medical Benefits Termination

  • Regions Bank v. Allen

    Jan. 12, 2018

    Employer's Appeal Over Termination of Medical Benefits Denied; Lack of Detailed Findings Results in Reversal and Remand

  • Augmentation v. Harris

    Sept. 23, 2016

    Court Holds Augmentation, Inc. in Contempt over Medical Benefits, Augmentation Appeals.

Medical Causation

  • Brewton YMCA v. Lanier

    March 17, 2017

    Court Affirms Workers' Compensation Award for Injured Worker's Work-Related Fall Despite Conflicting Testimonies

  • Cocking v. City of Montgomery

    March 12, 2010

    PTSD Claim Non-Compensable: Mental Disorders not caused by Physical Injury Fall Outside the Workers' Compensation Act

Mental Incompetence

Mileage Reimbursement

  • Page v. Southern Care

    Sept. 16, 2016

    Employee's Appeal Denied: Mileage Reimbursement Limited to Reasonably Necessary Travel to Medical Providers

Municipal Immunity

Neck Injury

Negligent Entrustment

No-Preexisting-Injury-Rule

  • Jesse Stutts, Inc. v. Hughey

    May 16, 2014

    The Court of Civil Appeals rejected the defendant’s claim that the plaintiff’s back injury was not related to a previous work accident.

Non-Compensable Injury

  • Entrekin v. Lasseter

    June 26, 2015

    Sheriff Appeals Court's Expansion of Medical Expense Liability Beyond Initial Agreement

  • Jesse Stutts, Inc. v. Hughey

    May 16, 2014

    The Court of Civil Appeals rejected the defendant’s claim that the plaintiff’s back injury was not related to a previous work accident.

  • Cocking v. City of Montgomery

    March 12, 2010

    PTSD Claim Non-Compensable: Mental Disorders not caused by Physical Injury Fall Outside the Workers' Compensation Act

Non-Final Judgment

  • Elkins v. Carroll

    Aug. 12, 2016

    TDY Employee's Injury Lawsuit Faces Jurisdiction Challenge on Appeal After Key Counts Dismissed by Trial Court.

Notice

Occupational Disease

  • Leesburg Yarn Mills v. Hood

    April 29, 2016

    Leesburg Yarn Mills Appeals Workers' Compensation Decision for Hood's Cumulative-Trauma Injury

  • Martin v. Austal USA

    Oct. 16, 2015

    Employee's Workers' Compensation Claim Denied on Basis of Statute of Limitations

  • Cocking v. City of Montgomery

    March 12, 2010

    PTSD Claim Non-Compensable: Mental Disorders not caused by Physical Injury Fall Outside the Workers' Compensation Act

Out-of-State

  • Sellers v. Venture Express

    Feb. 12, 2021

    Alabama Court of Civil Appeals Overturns Dismissal of Workers' Compensation Claim Due to Out-of-State Agreement

  • Hand Construction v. Stringer

    Jan. 13, 2017

    Dispute Over Jurisdiction and Applicability of Alabama Workers' Compensation Act to Out-of-State Injury

Outrage

  • Pilgrim's Pride v. Smith

    Dec. 31, 2020

    Defendant's Appeal on Worker's Compensation and Plaintiff's Tort-of-Outrage Appeals Dismissed Due to Jurisdictional Issues

PTSD: Post Traumatic Stress Disorder

  • Cocking v. City of Montgomery

    March 12, 2010

    PTSD Claim Non-Compensable: Mental Disorders not caused by Physical Injury Fall Outside the Workers' Compensation Act

Pain Management

Panel of Physicians

Pension Benefits

Permanent Disability

  • Georgia Pacific v. Gamble

    Feb. 15, 2019

    Appellate Court Upholds Decision on Worker's Disability Claim Against Georgia Pacific

Permanent Partial Disability

Permanent Total Disability

  • Ex parte Thomas Hayes

    March 18, 2011

    Foot injury's effects extended beyond the foot and interfered with the effective functioning of Plaintiff's body as a whole

  • McWane, Inc. v. McClurg

    March 26, 2010

    Unintentional Violation of Safety Rules Wasn't Misconduct, but Negligence - Permanent Total Disability Affirmed

Physical Impairment Rating

Post-Judgment Motion

Pre-Existing Injury

Premises Liability

Res Judicata

Retaliatory Discharge

  • Caton v. City of Pelham

    Dec. 11, 2020

    Plaintiff's Retaliatory-Discharge Claim Dismissed Due to Previous Misconduct Determination

  • Hale v. Hyundai Motor Mfg. Alabama, LLC

    Jan. 6, 2012

    Court of Civil Appeals Upholds Summary Judgment in Favor of Hyundai Stipulating the Attendance, Bereavement-Leave and Serious-Misconduct Policies.

Return-To-Work Doctrine

Schedule Injury

  • Ex parte Thomas Hayes

    March 18, 2011

    Foot injury's effects extended beyond the foot and interfered with the effective functioning of Plaintiff's body as a whole

Shoulder Injury

  • Kennamer Brothers v. Stewart

    Sept. 9, 2016

    Appellate Court Upholds Compensation for Employee's Rotator Cuff Injury but Reverses TTD Benefits Calculation

Special Employer

  • Lewis v. Alabama Power Co.

    Oct. 14, 2011

    Plaintiff Appealed a Summary Judgment in Favor of APCo on Claims of Negligence and Wantonness

  • Ex parte Salvation Army

    Feb. 18, 2011

    Tort Claims Against Special Employer are Barred by Exclusive-Remedy Provision of the Act

Statue of Limitations

  • Dillard v. Calvary Assembly of God

    Sept. 23, 2022

    Dillard’s Appeal Denied: Court Upholds Calvary’s Time-Barred Defense on Workers’ Compensation Claim Due to Misapplication of the Latent-Injury Exception

  • Means v. Glover

    Feb. 5, 2021

    Court Upholds Dismissal of Plaintiff's Claims against Employer on Grounds of Expiry and Lack of Evidence

  • Peacock v. MFG/Alabama, LLC

    Oct. 9, 2020

    Injured Worker's Timely Appeal Filing in Question Due to Uncertain Date of Postjudgment Motion's Mailing from Prison.

  • Brooks v. AUSTAL USA, LLC

    Dec. 6, 2019

    Court Reverses Dismissal of Worker's Compensation Claim Due to Address Mix-up in Service Process

  • Martin v. Austal USA

    Oct. 16, 2015

    Employee's Workers' Compensation Claim Denied on Basis of Statute of Limitations

Subject Matter Jurisdiction

Subrogation - Workers Compensation

  • Ex parte Mobile Public Library

    Sept. 2, 2022

    Library's Claim for Reimbursement of Uninsured-Motorist Benefits Denied Due to Prevailing Interpretation of Subrogation Rights Statute Appellate Party

  • O'Brien v. Mobile Public Library

    March 18, 2022

    Aalbama Chapter 13 Trustee Appeals in Favor of Injured Worker, Relying on Established Cahoon Precedent Over Defendant's Claim

Summary Judgment

Temporary Employment

Temporary Total Disability Benefits

  • Kennamer Brothers v. Stewart

    Sept. 9, 2016

    Appellate Court Upholds Compensation for Employee's Rotator Cuff Injury but Reverses TTD Benefits Calculation

Termination of Benefits

Tort Claims

  • Swain v. AIG Claims

    Oct. 18, 2019

    Court Reverses Dismissal of Injured Worker's Tort Claims Related to Post-Accident Care

Transcript

Traveling Employee

Uninsured Motorist Coverage

Untimely Appeal

Venue

  • Ex parte Blair Logistics, LLC

    June 27, 2014

    Alabama Appeals Court Denies Blair Logistics' Motion for Venue Change in Worker's Compensation Case

  • Ex parte West Fraser, Inc.

    May 10, 2013

    Court of Appeals Directed Chambers Circuit Court to transfer Workers' Compensation Action to Lee Circuit Court

  • Ex parte Veolia Environmental SVC

    March 8, 2013

    Defendant's Motion to Transfer Venue Denied and Affirmed- Failed to Prove it would be Significantly More Convenient

  • Ex parte Jet Pep, Inc.

    Sept. 14, 2012

    Order Transferring Venue was Overturned because Trial Court didn't afford Employer Opportunity to Respond

  • Ex parte Tyson Chicken

    April 15, 2011

    Tyson Chicken, Inc. successfully appealed that their employee's lawsuit for worker's compensation was improperly filed in Etowah County

Violation of Safety Rule

  • McWane, Inc. v. McClurg

    March 26, 2010

    Unintentional Violation of Safety Rules Wasn't Misconduct, but Negligence - Permanent Total Disability Affirmed

  • Willie Jones v. Ray Ruth

    July 24, 2009

    Release of Claims Under Workers' Compensation Act does not include Claims Based on Willful Removal of Safety Devicee

Vocational Benefits

Wantonness

Work Product

Workers Compensation Negligence Claims

  • Swain v. AIG Claims

    Oct. 18, 2019

    Court Reverses Dismissal of Injured Worker's Tort Claims Related to Post-Accident Care

  • Saarinen v. Hall

    Sept. 1, 2017

    Court Reverses Denial of Summary Judgment, Finds Uninstalled Safety Saw Does Not Equate to Removal of a Safety Guard

  • Elkins v. Carroll

    Aug. 12, 2016

    TDY Employee's Injury Lawsuit Faces Jurisdiction Challenge on Appeal After Key Counts Dismissed by Trial Court.

  • Lewis v. Alabama Power Co.

    Oct. 14, 2011

    Plaintiff Appealed a Summary Judgment in Favor of APCo on Claims of Negligence and Wantonness

  • Ex parte Salvation Army

    Feb. 18, 2011

    Tort Claims Against Special Employer are Barred by Exclusive-Remedy Provision of the Act

  • Willie Jones v. Ray Ruth

    July 24, 2009

    Release of Claims Under Workers' Compensation Act does not include Claims Based on Willful Removal of Safety Devicee

Wrist Injury

WrongfulDeath - Workers Compensation

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