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State Courts -
Alabama - September 14, 2007
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Vintage Pharms., LLC v. Hayes, 2060284,
COURT OF CIVIL APPEALS OF ALABAMA, September 14, 2007, Released
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Overview: Because, in order to receive compensation outside the schedule, an injured worker had to show that his injury to a scheduled member extended to a nonscheduled part of his body and interfered with its efficiency, and he did not do so, the trial court erred by not treating the injury as a scheduled injury pursuant to Ala. Code ? 25-5-57(a)(3).
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Ward v. Check Into Cash Ala., LLC, 2060820,
COURT OF CIVIL APPEALS OF ALABAMA, September 14, 2007, Released
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Overview: Order compelling arbitration of workers' compensation claim was error because, although parties' contract provided for arbitration, terms of Workers' Compensation Act (Act), Ala. Code ? 25-5-1 et seq., were implied in every employment contract, creating ambiguity. Specific agreement under the Act prevailed over more general arbitration clause.
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Willis v. Kincaid, 1061154, 1061184,
SUPREME COURT OF ALABAMA, September 14, 2007, Released
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Overview: In a declaratory judgment action, a trial court erred in granting summary judgment to a mayor and voiding a city council resolution approving a salary increase, which the mayor vetoed, because the applicable mayor-council act qualified the mayor's authority over the salaries for employees covered by the Civil Service Act, 1977 Ala. Acts 684, ? 4.
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