Lillie Billingsley, an employee, initiated a series of appeals after her 2008 work-related automobile collision against her employer, the City of Gadsden, seeking benefits under the Alabama Workers' Compensation Act. This is the third appeal in the series. Initially, the trial court affirmed Billingsley's left-shoulder injury as compensable but required a reconsideration on the compensation based on her earning capacity. Subsequently, the trial court deemed Billingsley 100% disabled due to injuries from the accident, which this court reversed. They directed the trial court to determine the earnings loss only from her left-shoulder injury.
However, during the subsequent proceedings, it was revealed that Billingsley passed away in January 2019, unrelated to her 2008 accident. Consequently, the employer motioned for a dismissal, arguing that Billingsley's death terminated her right to benefits under the Act. The trial court agreed, dismissing the claim. Billingsley's counsel challenged this decision, alleging it was contrary to the Act and violated constitutional rights.
Yet, the court highlighted that an attorney's authority ends upon the client's death, and the appeal filed posthumously by Billingsley's counsel was null and void. Citing precedent, the court reasoned that the appeal by a deceased person was not just irregular but fundamentally defective. Therefore, the court dismissed the appeal, not assessing the merits of the original arguments.
Court Denies Workers' Compensation Claim Over Injuries from Personal Dispute Over Work Equipment
City of Birmingham Appeals Workers' Compensation Decision after Employee's Fatal Shooting at Work.
Court Affirms Wrongful Death Was Work-Related
Court Dismisses Employer's Petition Seeking to Avoid Providing Panel of Physicians for Work-Related Injury
Court Upholds Decision Denying Worker's Compensation for Knee Surgery Linked to Arthritis, Not Workplace Accident.
Tidra Corporation Wins Appeal Over Inappropriate Mental Examination Order and Disputed Medical Treatment
Sheriff Appeals Court's Expansion of Medical Expense Liability Beyond Initial Agreement
Alabama Court Ruling on Injuries Sustained En Route to Treatment of Workplace Injuries
The Court of Civil Appeals rejected the defendant’s claim that the plaintiff’s back injury was not related to a previous work accident.
Appellate Court reversed Disability Decision: Pre-Existing Condition
Court Affirms Permanent Total Disability for Back Injury Despite Pre-Existing Injuries
Snake-Bite Injuries Not Compensable
PTSD Claim Non-Compensable: Mental Disorders not caused by Physical Injury Fall Outside the Workers' Compensation Act