Christopher Wade Gibson, an employee of Staffco, L.L.C., filed a lawsuit for workers' compensation and retaliatory discharge due to workers' compensation claims. After his death unrelated to his injuries, Staffco sought to dismiss his claim because his degree of disability was not determined prior to death, and argued that his retaliatory discharge claim could not survive him as it might be viewed as a claim under the Workers' Compensation Act.
Samantha Gibson, representing Mr. Gibson's estate, appealed. The Alabama Civil Court of Appeals ruled in favor of the plaintiff, stating that a retaliatory-discharge claim constitutes a tort claim rather than a claim for benefits under the Act, hence, it survives in favor of his estate.
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