Alabama Forest Products Industry Workmen's Compensation Self-Insurers' Fund v. Amos Harris

Court of Civil Appeals of Alabama

Marengo County | 194 So. 3d 921 | June 13, 2014


Appeals Court Affirms Employer Paying Attendant-Care Expenses to Injured Worker

This case centers around Amos Harris, who sustained severe injuries in a work-related accident in 1990. His employer's insurer, Alabama Forest Products, covered the cost of family members assisting him at home. However, in 2011, when Harris requested his future son-in-law replace his daughter as his caregiver, Alabama Forest Products discovered that the son-in-law was not available full-time and stopped payments for attendant care. Harris filed for declaratory judgement, asking for the payments to be reinstated.

Testimony from his physician detailed Harris' permanent limitations and resulting need for daily assistance. The trial court ordered the payments to resume. Alabama Forest Products appealed, arguing that an injured employee isn't legally entitled to payment for attendant care. However, this appeal was denied with the court finding attendant-care services provided by family members fall within 'medical attention’ as referred to within the Alabama Workers' Compensation Act.

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