Alabama Workers' Comp Blawg

  • 12
  • Jan
  • 2022

Alabama’s Exclusivity Doctrine Fails to Protect Employer from Wrongful Death Claim Following Employee’s Fatal Heart Attack at Work

The Alabama Supreme Court recently denied a petition filed by Walmart for a Writ of Mandamus. The petition was filed as the result of the trial court denying Walmart’s motion fo…

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  • 28
  • Feb
  • 2020

Alabama Employer’s Attempt at Dismissal Based on Exclusivity Provision Fails Due to Unresolved Issues of Fact Regarding Physical Attack on Employee

  Alabama’s Workers’ Compensation Act has an exclusivity provision that shields employers from tort claims resulting from injuries, or death, caused by an accident or occupational…

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  • 22
  • Mar
  • 2016

Alabama Supreme Court Holds that Employers Have Complete Immunity to Tort Claims and Employers’ Liability Act Claims when Workers’ Compensation Act Applies

On March 18, 2016, the Alabama Supreme Court issued a Writ of Mandamus to the Circuit Court of Jefferson County, in the case ofEx parte Rock Wool Manufacturing Company, directing …

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  • 31
  • Oct
  • 2014

Florida Judge Declares Exclusivity Doctrine Unconstitutional

Unless you have been cryogenically frozen in carbonite for the past 3 months, you have probably heard about the recent opinion released by Miami-Dade Circuit Judge Jorge Cueto whi…

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  • 27
  • Mar
  • 2014

The Alabama Exclusivity Provision Applied to a Breach of Contract Claim Against Employer

Sheila W. Austin, as admin. of the estate of Rose W. McMillan v. Providence Hosp. and Sedgwick Claim Management. Services, Inc.   Released March 21, 2014 The deceased employee’s…

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