Alabama Workers' Comp Blawg

  • 21
  • Jan
  • 2026

Alabama Supreme Court Denies Mandamus in Co-Employee Immunity Case

 

In Ex parte Griffin, the Alabama Supreme Court denied a petition for mandamus filed by co-employees seeking immunity from a civil suit arising out of a workplace injury. The denial left in place the trial court’s refusal to grant summary judgment based on immunity pursuant to the Exclusivity Doctrine.

 

Although the Court issued no majority opinion, Justice Cook’s special concurrence is noteworthy. He emphasized that the denial was driven by the high mandamus standard and procedural issues and not a determination that the co-employees are liable.

 

Justice Cook also raised significant concerns about existing Alabama precedent interpreting § 25-5-11(c)(2), particularly:

 

  • Whether an employer can become a “manufacturer” through equipment modifications, and
  • Whether courts have expanded “willful and intentional” conduct beyond the statute’s plain language.

 

My Two Cents:

 

The concurrence signals that these issues may be ripe for reconsideration in a future appeal. 

 

About the Author: 

 

This article was prepared by Mike Fish, an attorney with Fish Nelson & Holden, LLC, a law firm dedicated to representing self-insured employers, insurance carriers and funds, and third-party administrators in all matters related to workers’ compensation. Fish Nelson & Holden is a member of the National Workers’ Compensation Defense Network. If you have any questions about this article or Alabama workers’ compensation in general, please contact Fish by e-mailing him at mfish@fishnelson.com or by calling him directly at 205-332-1448.

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