Ex Parte Alabama Gas Corporation, In re: Smitherman

Court of Civil Appeals of Alabama

Jefferson County | 258 So. 3d 1148 | Feb. 23, 2018


Court Denies Alagasco's Request to Vacate HIPAA Order in Workers' Compensation Case

Alabama Gas Corporation (Alagasco) filed for a writ of mandamus, challenging the Jefferson Circuit Court's discovery order of November 6, 2017. Alagasco believes this order, linked to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), interferes with specific discovery provisions under the Alabama Workers' Compensation Act. The case stems from Robert Alan Smitherman's work-related injury in 2015 and his subsequent claim against Alagasco under the said act. Alagasco argues that the HIPAA order obstructs standard claim handling processes for workers' compensation and compromises the company's rights under the Workers' Compensation Act of Alabama.

However, the appellate court observed that Alagasco hasn't shown the circuit court's clear excess in discretion or demonstrated that the HIPAA order warrants mandamus review of discovery orders. The circuit court’s comments in the hearing suggested a willingness to facilitate discovery, contrary to Alagasco's interpretation. Alagasco failed to establish any infringement of recognized categories that merit mandamus review. Therefore, the appellate court concluded that Alagasco's claims regarding the discovery order did not present an exceptional case and denied the petition.

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