Office Max, Inc. v. Academy

Court of Civil Appeals of Alabama

Etowah County | 129 So.3d 300 | May 17, 2013


Court of Appeals Evaluates Pre-Existing Injury

This appeal is the second to reach the court involving Office Max’s liability for two injuries claimed by Sandra Richey during her employment. If these injuries arose within the scope of her job, she would be entitled to benefits under Alabama's Workers' Compensation Act. The main issue in the case is whether Office Max or her subsequent employer, Academy, should be liable for her health problems.

The Court of Civil Appeals of Alabama reversed a summary judgment that was in favor of Academy. It found that there was substantial evidence that Richey did not just suffer a recurrence of an earlier injury while at Academy but might also have experienced aggravations of previous injuries or new injuries in her job. The court also reversed a ruling mandating Office Max to cover Richey’s ongoing medical treatment as premature. It did not discount the possibility that Academy could be solely accountable for Richey’s benefits under the Act.

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