Nucor Steel Birmingham, Inc. v. Otwell

Court of Civil Appeals of Alabama

Jefferson County | 308 So. 3d 919 | May 22, 2020


In 2014, Otwell initiated a lawsuit against Nucor Steel, alleging that his job duties as a utility crane operator led to cumulative trauma and deterioration of his lumbar spine. Otwell claimed these injuries resulted in his need for medical treatment and a permanent total disability. He had previous back problems and surgeries from before his tenure with Nucor Steel, which began in 2002.

While medical records and doctors confirmed the severity of Otwell's back condition and its relationship to his job, the core of the appeal revolves around the technical distinctions between an "occupational disease" and "cumulative trauma." The trial court initially ruled in favor of Otwell.

However, on appeal, Nucor Steel contended that Otwell failed to claim his condition as an "occupational disease" as defined by Alabama law. Moreover, they argued that the record showed Otwell's back condition was merely a continuation of his 1995 injury, which happened before he joined Nucor Steel. The appellate court agreed with Nucor Steel's arguments and reversed the trial court's decision, sending the case back for further review and proceedings.

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