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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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| Wright v. Hatley Health Care, Inc., 2060436,
COURT OF CIVIL APPEALS OF ALABAMA, September 14, 2007, Released
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Overview: An employee seeking workers' compensation had not proven entitlement to temporary disability benefits. She had been released to light duty following her accident and had not presented evidence that she was unable to perform her job duties or that she had lost any wages while working light duty.
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