SUPREME COURT ADOPTS PERMANENT RULE REGARDING WORKERS’ COMPENSATION SETTLEMENTS
On December 30, 2021, the Supreme Court of Alabama adopted Rule 47 of the Alabama Rules of Judicial Administration, providing that a Circuit Court shall dismiss any pending action seeking workers’ compensation benefits when (1) the parties have reached a settlement, (2) the settlement has been reviewed and approved by an Alabama Department of Labor Ombudsman, and (3) the parties file the approved settlement agreement, along with a joint stipulation of dismissal with the Court. This new rule does not affect the application of Alabama Code § 25-5-292, which provides that such settlements shall be binding on all parties unless within 60 days the Court sets the settlement agreement aside based on a finding of fraud, newly discovered evidence, or other good cause.
About the Author
This blog submission was prepared by Charley Drummond, an attorney with Fish Nelson & Holden, LLC, a law firm dedicated to representing self-insured employers, insurance carriers, 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 submission or Alabama workers’ compensation in general, please contact Mr. Drummond by e-mailing him at firstname.lastname@example.org or by calling him directly at (205) 332-3414.