How To Prove Total Disability Under The Alabama Workers’ Compensation Law

In Wal-Mart Stores v. Kennedy, 799 So. 2d 188 (Ala. Civ. App. 2001), the Court of Civil Appeals of Alabama held that “[t]he inability to perform one's trade and to find gainful employment.” is the test for permanent total disability. In Michelin N. Am., Inc. v. Hamby, 722 So. 2d 770 (Ala. Civ. App. 1998) it was held that:

“The court must apply a two-pronged test in determining whether a permanent total disability exists: the employee must be found to be incapable of returning to his trade, as well as incapable of being retrained for gainful employment. Id. Total disability does not mean an entire physical disability or absolute helplessness.” Id, at 773.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Johnston, Moore & Thompson, Huntsville Personal Injury Lawyers | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×