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Jeremy W. RichterJeremy W. Richter
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A Finding of Compensable Injury Is Inadequate without Determining Disability or Benefits

A Finding of Compensable Injury Is Inadequate without Determining Disability or Benefits

August 11, 2016 Posted by Jeremy W. Richter Workers' Compensation

Ex parte Lowe’s Home Centers, LLC: Under Alabama worker’s compensation law, a court finding of a compensable injury without assigning disability or benefits is inadequate.

In 2016 the Alabama Court of Civil Appeals decided the matter of Ex parte Lowe’s Home Centers, LLC [Ms. 2140885], — So.3d — (Ala.Civ.App. 2016), holding that in a worker’s compensation matter, a court order finding that the employee had suffered a compensable injury and ordering the employer to pay for necessary medical treatment, but failing to determine the extent of disability (if any) the employee has suffered as a result of the injury or the benefits (if any) to which the employee is entitled, is inadequate and immediately appealable via writ of mandamus.

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