Thompson Tractor Company, Inc., petitioned the court for a writ of mandamus to have the Calhoun Circuit Court dismiss a civil action concerning a workers' compensation claim. The action originated from Ray Franklin, an employee, who claimed he contracted asbestosis due to the company's actions. After the complaint was filed, the trial court separated the workers' compensation claim (count six) from the rest of the complaint, effectively creating a new action. Although both Ray Franklin and his widow, Donna Franklin, were originally named in the case, only Ray had a substantive claim in the workers' compensation action.
Ray passed away in October 2011 before the adjudication of his rights to workers' compensation benefits. Subsequently, his widow filed motions to be substituted as the plaintiff and to amend the complaint. The employer, however, argued that the court lost jurisdiction upon Ray's death. Alabama law establishes that a workers' compensation claim does not survive the death of an employee if the worker's disability degree hasn't been determined before death. Hence, the widow couldn't substitute as a plaintiff for the workers' compensation claim, leading the court to conclude that the action had abated upon Ray's death. Therefore, the court directed the trial court to vacate its earlier order and grant Thompson Tractor Company's motion to dismiss.
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