alabama workers' compensation act Archives

Surviving a Miller Saw and a Rule 12(b)(6) Motion to Dismiss

May 15, 2017

Ex parte Austal USA, LLC considers the narrow exception to the exclusivity provision of the Workers’ Compensation Act and the standard for a plaintiff to survive a Rule 12(b)(6) motion to dismiss. Allegations of Intent-to-Injure Austal USA operates a shipyard in Mobile, Alabama that builds naval vessels. The plaintiffs are employees of Austal, each of whom was injured during his employment with Austal when using a Miller saw. In their third amended complaint, the plaintiffs alleged intentional misconduct against Austal, alleging Austal had provided the plaintiffs with a “dangerous and defective Miller saw with the specific intent that it would...

Exclusive-Remedy Provisions Extend to Special Employer in Workers’ Comp

Feb 27, 2017

Ex parte Tenax Corp.: An analysis of the extension of exclusive-remedy provisions to a special employer, and when a temporary employee becomes a special employee for purposes of workers’ compensation. A Fact Specific Situation In July 2014, John Dees sought employment from Tenax Corporation (“Tenax”). The general manager at the Tenax plant directed Dees to apply through Onin Staffing (“Onin”) for the job at Tenax. Onin hired Dees, who began working at Tenax. In January 2015, while operating a machine in the line and scope of his employment, Dees injured his left arm. Dees worked at the Tenax plant continuously from...

When TTD Benefits are Owed and in What Amount

Oct 3, 2016

Kennamer Bros., Inc. v. Ronney Stewart – TTD benefits are owed when an employee produces substantial evidence showing that his on-the-job accident caused his injury, and the amount to be paid is the state average weekly wage at the time of the injury.