Alabama Workers' Comp Blawg

  • 22
  • Sep
  • 2008


Ex parte McInish , --- So.2d ----, 2008 WL 4097593 (Ala. 2008):

A claimant brought an action against his employer seeking workers' compensation benefits for injuries he allegedly sustained while employed as a truck driver. The Circuit Court of Jefferson County, Bessemer Division, entered judgment in favor of the claimant. On appeal, the Alabama Court of Civil Appeals reversed and remanded the trial court. The Alabama Supreme Court subsequently granted the claimant's petition for writ of certiorari. The Supreme Court held that the Court of Civil Appeals improperly reweighed the evidence presented to the trial court. It further held that proof of medical causation is not solely dependent upon the presence of expert medical testimony.


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