The case involved an unsuccessful appeal made by the adult daughter of a deceased worker, Donna C. Banks, against Premier Service Company, Inc. Donna was appealing a judgment that denied her benefits under Alabama's Workers' Compensation Act. Her father, Thomas D. Banks, was murdered by a co-worker on October 8, 2010, while at work for Premier. The court found that Donna, who was not physically nor mentally incapacitated, was ineligible for death benefits under the Act, even though she received some financial support from Thomas at the time of his death. The Court of Civil Appeals upheld the trial court's ruling.
TruckMax Denied Amendment to Challenge Plaintiff’s Capacity in Wrongful Death Case
Court Affirms Wrongful Death Was Work-Related
Court Grants Thompson Tractor Company's Petition, Directing Dismissal of Asbestos-Related Workers' Compensation Action after Plaintiff's Death
The Alabama Court of Civil Appeals determined the status of a newspaper delivery person as an independent contractor.
Wrongful Death Award Reversed
No Evidence of Toxicity Exposure or Work-Related Disease
Court Rules Outrage Claim must be Joined with Original Wrongful Death Action
Procedural Dispute of Proper Court to review Exclusivity Provisions
Employer entitled to recover the full amount of workers' compensation benefits paid before the plaintiff's estate collected any funds from a third-party settlement.
Spouse of Deceased Worker Entitled to Benefits Accrued
TruckMax Denied Amendment to Challenge Plaintiff’s Capacity in Wrongful Death Case
Court Grants Thompson Tractor Company's Petition, Directing Dismissal of Asbestos-Related Workers' Compensation Action after Plaintiff's Death
Wrongful Death Award Reversed
Court Rules Outrage Claim must be Joined with Original Wrongful Death Action
Procedural Dispute of Proper Court to review Exclusivity Provisions