Tompkins v. WAL-MART ASSOCIATES, INC.

Court of Civil Appeals of Alabama

Montgomery County | 336 So. 3d 195 | April 9, 2021


Alabama Court Reverses Dismissal of Wal-Mart Worker's Claim, Citing Due Process Concerns.

In 2018, Jessie Tompkins, an assistant store manager at Wal-Mart, filed a claim under the Alabama Workers' Compensation Act for two injuries incurred at work in 2014 and 2016. While he received compensation until January 2017, Wal-Mart sought to dismiss the 2014 injury claim, pointing to the statute of limitations. Tompkins countered that the compensation he received tolled the statute. The court dismissed the 2014 claim but left the 2016 claim open, and the case headed towards a trial, with mediation occurring first. Amidst changes in legal representation and Tompkins's own filings, virtual hearings due to the COVID-19 pandemic were scheduled in July 2020. However, Tompkins claimed he wasn't informed of these hearings. Following the hearings, the circuit court dismissed Tompkins's case, siding with Wal-Mart. On appeal, Tompkins claimed a violation of his due process rights. The court agreed, referencing prior cases that underscored the need for proper notice and hearing. The court then reversed the dismissal, signaling a return of the case to address unresolved issues.

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