Carl Green, v. T.R. Miller Mill Company, Inc., and Yother Construction Management

Court of Civil Appeals of Alabama

Escambia County | No. 2200840 | April 22, 2022


Alabama Court of Civil Appeals Affirms Decision: Defendant Responsible for Plaintiff's Medical Treatment Following 2019 Recurrence of Injury Originating in 2000

Green suffered a series of work-related injuries: first in 1994 while employed by BE & K, later in 2000 at Yother, and most recently in 2019 at T.R. Miller. After the 2000 injury, Green settled with Yother, who agreed to cover future medical treatments. In 2019, after a new injury at T.R. Miller, a hearing consolidated two cases and determined the 2019 injury was a recurrence of the 2000 injury, making Yother responsible for ongoing medical treatment. Both Green and Yother appealed the decision. Green's appeal addressed the judgment in favor of T.R. Miller, while Yother's appeal challenged its own liability.

The central legal debate was around the "last-injurious-exposure rule" versus the "No-Preexisting-Injury Rule." The trial court had found that Green's 2019 injury was a recurrence of his 2000 injury, meaning Yother was responsible for his medical costs. Green and Yother both contested this, arguing that the 2019 injury was a new one. However, the appeals court upheld the trial court's decision, asserting that the last-injurious-exposure rule was appropriately applied and that Yother remains responsible for Green's medical treatment.

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