Black Creek, Inc. v. Wood

Court of Civil Appeals of Alabama

Etowah County | 69 So. 3d 172 | March 25, 2011


Mental Anguish and Lost Wages Affirmed in Retaliation Case

This case revolves around a workers' compensation lawsuit where the employee, Ray Keith Wood, had his employment terminated by Black Creek, Inc. based solely on filing a workers' compensation claim. Wood won damages in the amount of $50,000 from the Etowah Circuit Court.

On appeal by Black Creek, the Court of Civil Appeals of Alabama affirmed the judgment. It divided the damage amount into $30,000 for mental anguish and $20,000 for past lost wages. Black Creek argued the evidence did not support a damages award for mental anguish and that no lost wages should have been awarded as Wood was unable to work post-termination and had received Social Security and workers’ compensation disability benefits. The court disagreed and upheld Wood's award.

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