Greiser v. Advanced Disposal Services of Alabama

Court of Civil Appeals of Alabama

Crenshaw County | 252 So. 3d 664 | Aug. 11, 2017


Court Reverses Trial Decision on Employee's Vocational Impairment Claim

In 2011, an employee alleged he suffered an on-the-job injury in Alabama and sought workers' compensation from his employer. Various legal motions ensued, leading to a trial court's 2012 order for the employer to provide pain-management treatment. In 2014, the employer successfully secured a partial summary judgment against the employee's retaliatory-discharge claim. The pivotal issue by 2015 was the employer's liability for vocational disability benefits.

The employer relied on the "Return to Work" statute, arguing that due to the employee's prior warned misconduct, he was ineligible for such benefits. The trial court agreed, denying the employee vocational disability benefits. In 2016, the employee alleged the employer neglected his pain-management treatment payments, filing for contempt. This led to an appeal by the employee.

The central appellate issue revolved around the trial court's denial of benefits based on the return-to-work statute. The employee claimed the employer waived its right to this defense. Agreeing with the employee, the appellate court found the employer didn't properly raise this defense. Consequently, the court reversed the trial decision on vocational impairment, asking for its reconsideration. However, the court upheld the trial decision on other aspects, including the employee's pain-management payment claim.

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