Category Archives: first

Court Decides Question of First Impression in Workers’ Comp Case

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The Court of Civil appeals decided the following question of first impression in Burton & Assoc, Ltd. v. Morris, No. 2060802  (Ala. Civ. App. Nov. 30, 2007):  “when two states both have grounds for asserting jurisdiction over a claim for workers’ compensation benefits, do payments of compensation made to the injured worker under the laws of one of the states toll the statute of limitations as to a claim later filed in the other state?”

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Majority Reverses Mental Anguish Award for Breach of Employment Contract; Decides Question of First Impression

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In Carraway Methodist Health Systems v. Wise, No. 1041483 (Ala. Nov. 30, 2007), a majority of the Alabama Supreme Court reversed a jury’s $500,000 mental anguish award for breach of an employment contract.  Although the trial court found the facts surrounding the breach sufficiently egregious to submit the damages issue to the jury, the majority of the Court found that the Wise case was not “’the case’ in which we should recognize the availability of mental-anguish damages arising out of a breach of an employment contract.”  Chief Justice Cobb dissented from this part of the opinion.

 

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