Judge Finds Alabama Workman’s Compensation Act Unconstitutional

May 11, 2017

A judge has ruled that two statutes of the Alabama Workmans Compensation Act are unconstitutional, thereby rendering the entire act unconstitutional because of a non-severability statute.

The Gadsden Times reports Jefferson County Circuit Judge Pat Ballard found fault with statutes capping recovery for workers permanently but not totally disabled at $220 per week, and capping attorney fees at 15 percent.

The decision was a response to a lawsuit brought by a woman against CVS Caremark Corp. in 2013 after she suffered a lower back injury on the job.

Attorneys presented evidence that the $220 cap was commensurate with standards in 1987, when the act was written, but was a fraction of minimum wage and poverty level standards today. Attorney Don Rhea says he hopes lawmakers will rewrite the act.

This story is developing…

Latest Comments

  • May 11, 2017 at 4:46 pm
    Jeff Blackwell says:
    The $220 per week cap is patently unfair and unjust to injured workers. As your article notes, the cap was instituted three decades ago. It creates numerous issues. For one, t... read more
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