Bailey v. Jacksonville Health and Rehabilitation Center

Court of Civil Appeals of Alabama

Calhoun County | 249 So. 3d 499 | Sept. 29, 2017


Court Reverses Summary Judgment Against Employee Seeking Workers' Compensation for Scabies Contraction and Resulting Psychological Injury

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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