This case revolves around a claim filed by Tony Gillaspy, an employee of Southern Erectors, Inc. (SEI), seeking workers' compensation benefits under the Alabama Workers' Compensation Act after an injury he sustained in a work-related accident in Kansas.
The Court of Civil Appeals of Alabama granted a petition by SEI directing the Montgomery Circuit Court to dismiss the claim for lack of subject-matter jurisdiction. The court found that the case fell under Kansas jurisdiction, where the accident occurred, rather than Alabama where the employer was based, despite the fact the worker, Tony Gillaspy, was hired in Alabama and worked on multiple project sites for SEI across multiple states.
The court highlighted that, pursuant to § 25-5-35, the worker's compensation claim was principally localized in Kansas since that was the location of the work causing the injury. This meant that Gillaspy's employment was primarily in Kansas for purposes of claiming compensation under an Act linked to a specific state. The court thereby directed the lower court to dismiss the claim for Alabama workers' compensation benefits.
Opting Out of Coverage Remains in Effect Until Revocation