Sellers v. Venture Express

Court of Civil Appeals of Alabama

Cullman County | 339 So. 3d 234 | Feb. 12, 2021

Alabama Court of Civil Appeals Overturns Dismissal of Workers' Compensation Claim Due to Out-of-State Agreement

Gina Barfoot Sellers filed a workers' compensation claim against Venture Express, Inc., her employer, after an auto collision in Alabama during her employment. The employer contested her claim based on a previously signed agreement stating that workers' compensation matters would be subject to Tennessee law. The Cullman Circuit Court sided with Venture Express, dismissing Sellers's claim. Sellers appealed. The appellate court's primary task was to decide if Sellers's claim should exclusively adhere to Tennessee's laws, even with the incident happening in Alabama.

Historically, due to discrepancies in state laws during the 1960s and 1970s, workers could sometimes find themselves without compensation if injured outside their home state. This led to a model act in 1973 that states could adopt. Alabama's law, influenced by this model act, specified the conditions wherein its laws would apply to work-related injuries outside the state. It also had a provision ensuring that the Alabama Act would cover injuries inside Alabama even if the primary job location was elsewhere.

Importantly, while written agreements about which state's law would govern were allowed, such agreements couldn't override the Act's jurisdiction for injuries within Alabama. The appellate court concluded that the trial court erred in endorsing the Tennessee-only jurisdiction agreement when the injury was in Alabama. As a result, the trial court's decision was overturned, and the case was remanded for further action.