Felisha Bailey, an employee at Jacksonville Health and Rehabilitation Center, claimed she contracted scabies during her tenure and experienced subsequent psychological distress. She initiated a lawsuit in the Calhoun Circuit Court against her employer and their workers' compensation claims administrator, Millennium Risk Managers. Bailey sought benefits under the Alabama Workers' Compensation Act and damages for the tort of outrage. The trial court dismissed the tort-of-outrage claim and, after a summary judgment motion by the employer, ruled in the employer's favor.
The employer contended that Bailey did not contract scabies nor did she have a compensable psychological injury. Bailey appealed the decision. The appellate court examined the evidence, including conflicting medical diagnoses, and concluded that a genuine issue of material fact existed about whether Bailey contracted scabies and whether this alleged contraction resulted in her psychological condition. The court stated that a trial court mustn't weigh evidence or determine witness credibility during summary judgment but should only assess if a genuine issue exists for trial. Given the conflicts in the presented evidence, the appellate court reversed the summary judgment, remanding the case for further proceedings.
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Court Dismisses Appeal in Tort-of-Outrage Claim Due to Inappropriate Final Certification
Court Rules Outrage Claim must be Joined with Original Wrongful Death Action
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Injured Worker Wins Workers' Compensation for Chemical Exposure Exacerbating Preexisting Condition
Employee's Workers' Compensation Claim Denied on Basis of Statute of Limitations
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Court Affirms Workers' Compensation Award for Injured Worker's Work-Related Fall Despite Conflicting Testimonies
Lowe's Appeals Court Decision on Worker's Back Injury Claim
Court Upholds Decision Denying Worker's Compensation for Knee Surgery Linked to Arthritis, Not Workplace Accident.
Reed Contracting Services, Inc. Challenges Court's Decision Mandating Knee-Replacement Surgeries for Employee Due to Work-Related Accident
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Permanent Partial Benefits Affirmed in Back Injury Case
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PTSD Claim Non-Compensable: Mental Disorders not caused by Physical Injury Fall Outside the Workers' Compensation Act
Loss of Sight Ruled Compensable
Court Orders Vacating of Mandate Requiring Sears to Approve Medical Treatment for Employee Due to Absence of Evidentiary Hearing on Injury Compensability.
West Fraser, Inc. Challenges Order on Compensability of Employee's Injury
Court Rules on Workers' Compensation Case, Addressing Claims of Perjury and Costs
Lowe's Appeals Court Decision on Worker's Back Injury Claim
Leesburg Yarn Mills Appeals Workers' Compensation Decision for Hood's Cumulative-Trauma Injury
Tidra Corporation Wins Appeal Over Inappropriate Mental Examination Order and Disputed Medical Treatment