AMEC Foster Wheeler Kamtech v. Chandler

Court of Civil Appeals of Alabama

Escambia County | 295 So. 3d 672 | Oct. 4, 2019


Court Affirms Worker's Compensation Award for Injured Worker, Dismisses Employer's Last-Injurious-Exposure Rule Claim

In 2015, Jimmy Chandler, an AMEC Foster Wheeler Kamtech, Inc. (AMEC) welder, sustained a back injury after lifting a pipe at work. Despite seeking medical advice, Chandler's condition continued to deteriorate, forcing him to resign in January 2016. He took on supervisory roles at other companies due to his health limitations.

Chandler then filed a lawsuit in the Escambia Circuit Court against AMEC in 2016, demanding workers' compensation benefits. In 2018, the court ruled in favor of Chandler, based on a 35% vocational disability. AMEC appealed, asserting that Chandler's subsequent employments might have exacerbated his injury, hinting at the last-injurious-exposure rule. This rule would potentially shift responsibility for compensation to Chandler's last employer.

However, the court upheld its original decision, emphasizing that Chandler's deteriorated condition was a relapse of his initial AMEC injury, not a new one. AMEC's contention about the timing of Chandler's "maximum medical improvement" (MMI) and the attorney's fees was also dismissed. Ultimately, the trial court's decision to award Chandler was affirmed, with AMEC as the responsible party.

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