Ex parte LOST RIVER OILFIELD SERVICES, LLC.

Court of Civil Appeals of Alabama

Mobile County | 167 So.3d 371 | Nov. 11, 2014


Opting Out of Coverage Remains in Effect Until Revocation

Kenneth Bailey filed a complaint seeking compensation and benefits under the Alabama Workers' Compensation Act for a back injury he suffered in Texas while working for Lost River Oilfield Services, LLC. Lost River filed a motion to dismiss the complaint on the grounds of lack of personal and subject-matter jurisdiction, as Bailey had not worked in Alabama for Lost River, and was receiving benefits for the same injury from North Dakota Workforce Safety & Insurance. The trial court denied the motion to dismiss, but on appeal, the Court of Civil Appeals held that the trial court lacked subject-matter jurisdiction over the matter due to the presence of Bailey's employment and the accident in Texas not Alabama. Consequently, the court granted Lost River's motion to dismiss the action.

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