Alabama Workers' Comp Blawg

  • 02
  • Nov
  • 2008

PAIN EXCEPTION TO SCHEDULE

Gold Kist, Inc. v. Porter --- So.2d ----, 2008 WL 4757112 (Ala.Civ.App. 2008):

In this opinion released on October 31, 2008, the Alabama Court of Civil Appeals affirmed the trial court’s finding that the employee’s bilateral carpal tunnel syndrome was compensable but reversed the court’s decision to remove the injury from the schedule and assign a permanent and total award. In support of the reversal, the Court noted that the pain exception to the schedule should only be applied where a workers' compensation claimant has suffered from abnormally severe pain stemming from a scheduled injury. In this case, the employee had not sought, or been prescribed, any pain medication beyond an occasional over-the-counter analgesic remedy, and her symptoms were admittedly alleviated to some degree by massage and avoidance of use.

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