McCoy, an iron worker employed by Burkes, sustained severe burns while working at International Paper Company's ("IP") mill when a welding line ignited the air. Post-incident, instead of seeking immediate medical attention for McCoy, Burkes allegedly undertook various missteps, including not notifying IP's on-site emergency team, not calling an ambulance, applying an "improper substance" to the burns, and making multiple stops before reaching a hospital. Consequently, McCoy sued Burkes and others, claiming negligence, wantonness, and the tort of outrage. The essence of his claim against Burkes focused on the company's failure to provide adequate medical care post-accident. In response, Burkes sought the dismissal of McCoy's negligence and wantonness claims, citing the exclusive remedy provisions of the Alabama Workers' Compensation Act ("the Act").
Burkes argued that any injury resulting from the workplace accident fell under the Act's protection, limiting Burkes' civil liability. However, McCoy countered, suggesting his claims were based on injuries from actions following the accident, which he believed were not covered by the Act. The appellate court sided with McCoy, determining that his allegations, when viewed favorably, did not necessarily fall under the Act's protections, making it a fact-intensive inquiry. Moreover, the court declined to address the tort-of-outrage claim's dismissal as it wasn't raised appropriately by Burkes. Consequently, Burkes' petition for the writ of mandamus was denied, as they failed to prove a clear legal right to have McCoy's tort claims dismissed.
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Defendant's Petition for Dismissal of Plaintiff's Claims Denied by Court
Court Reverses Ruling on Defendant's Status as Employer's Agent in Plaintiff's Accident Case
Interpretation of "Employer" under the Workers' Compensation Act Challenges Defendant's Claim to Immunity
Court Upholds City of Muscle Shoals' Claim to Immunity Over Gattman Park Injury
Tenax Granted Immunity in Worker's Injury Lawsuit due to Alabama Workers' Compensation Act
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Rock Wool Asserts Worker's Injury Claims Barred by Workers' Compensation Act, Countering Casons' Suit under Employer's Liability Ac
Court Rules on Dismissal and Jury Trial Issues in Workplace Assault Case
TDY Employee's Injury Lawsuit Faces Jurisdiction Challenge on Appeal After Key Counts Dismissed by Trial Court.
Court Debates Enforceability of Unapproved Workers' Compensation Settlement After Employee's Death
Exposure to Hazardous Chemicals Limited to Workers' Compensation Remedies
Plaintiff Appealed a Summary Judgment in Favor of APCo on Claims of Negligence and Wantonness
Tort Claims Against Special Employer are Barred by Exclusive-Remedy Provision of the Act
No Evidence of Toxicity Exposure or Work-Related Disease
Procedural Dispute of Proper Court to review Exclusivity Provisions
Administrative Rule deemed Willful Conduct: Claim Allowed under Exclusive Remedy Provisions
Release of Claims Under Workers' Compensation Act does not include Claims Based on Willful Removal of Safety Devicee
Defendant's Appeal on Worker's Compensation and Plaintiff's Tort-of-Outrage Appeals Dismissed Due to Jurisdictional Issues
Court Dismisses Appeal in Tort-of-Outrage Claim Due to Inappropriate Final Certification
Court Reverses Summary Judgment Against Employee Seeking Workers' Compensation for Scabies Contraction and Resulting Psychological Injury
Court Rules Outrage Claim must be Joined with Original Wrongful Death Action