Casey E. Lewis, a boilermaker working for Fluor Maintenance Services, Inc., at Alabama Power Company's (APCo) plant, filed an appeal against a summary judgment favoring APCo. Lewis claimed negligence and wantonness following an accident he suffered at the plant.
The Court of Civil Appeals of Alabama reversed the judgment, stating that there were genuine issues of material fact surrounding whether Lewis expressly or impliedly consented to a contract of employment with APCo, which declared itself a "special employer". APCo argued that it was immune from tort liability because of the special employer status and that Lewis's only remedy was benefits under the Workers' Compensation Act. However, due to ambiguous testimonies and indirect provision of workers’ compensation insurance, it was determined that the issue of consent was not clear.
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Defendant's Petition for Dismissal of Plaintiff's Claims Denied by Court
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Administrative Rule deemed Willful Conduct: Claim Allowed under Exclusive Remedy Provisions
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"Special Employee" Status Shields Midsouth from Negligence Claims: Court Validates Exclusive-Remedy Provisions
Court Reverses Dismissal of Injured Worker's Tort Claims Related to Post-Accident Care
Tenax Granted Immunity in Worker's Injury Lawsuit due to Alabama Workers' Compensation Act
Court Reverses Denial of Summary Judgment, Finds Uninstalled Safety Saw Does Not Equate to Removal of a Safety Guard
Rock Wool Asserts Worker's Injury Claims Barred by Workers' Compensation Act, Countering Casons' Suit under Employer's Liability Ac
Court Rules on Dismissal and Jury Trial Issues in Workplace Assault Case
TDY Employee's Injury Lawsuit Faces Jurisdiction Challenge on Appeal After Key Counts Dismissed by Trial Court.
A Prolonged Battle Over Workers' Compensation and Negligence Claims
Tort Claims Against Special Employer are Barred by Exclusive-Remedy Provision of the Act
Procedural Dispute of Proper Court to review Exclusivity Provisions
Release of Claims Under Workers' Compensation Act does not include Claims Based on Willful Removal of Safety Devicee
Tenax Granted Immunity in Worker's Injury Lawsuit due to Alabama Workers' Compensation Act
Temporary Employment and the Concept of "Special Employer"
Tort Claims Against Special Employer are Barred by Exclusive-Remedy Provision of the Act