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In Ex parte Griffin,
the Alabama Supreme Court denied a petition for mandamus filed by co-employees
seeking immunity from a civil suit arising out of a workplace injury. The denial left in place the trial court’s
refusal to grant summary judgment based on immunity pursuant to the Exclusivity
Doctrine.
Although the Court issued
no majority opinion, Justice Cook’s special concurrence is noteworthy. He emphasized that the denial was driven by
the high mandamus standard and procedural issues and not a determination that
the co-employees are liable.
Justice Cook also raised
significant concerns about existing Alabama precedent interpreting §
25-5-11(c)(2), particularly:
My Two Cents:
The concurrence signals
that these issues remain unsettled and may be ripe for reconsideration in a
future appeal.
About the Author:
This article was prepared by Mike Fish, an attorney with
Fish Nelson & Holden, LLC, a law firm dedicated to representing
self-insured employers, insurance carriers and funds, and third-party
administrators in all matters related to workers’ compensation. Fish Nelson
& Holden is a member of the National Workers’ Compensation Defense Network.
If you have any questions about this article or Alabama workers’ compensation
in general, please contact Fish by e-mailing him at mfish@fishnelson.com or by calling
him directly at 205-332-1448.