Court Nixes Ruling Granting Workers’ Comp Benefits to Family of Slain Alabama Worker

December 14, 2020

A Jefferson County court erred when it ruled the city of Birmingham should have to pay benefits to relatives of a city worker who was shot to death while cutting grass, the Alabama Court of Civil Appeals ruled Friday.

The five-member court, in an unsigned opinion, overturned a decision in favor of Keishana Jenkins and her three children, who were listed as the survivors of Grady Jenkins, who worked for the city’s horticulture department.

Jenkins, 51, was at work on Nov. 1, 2017, when he was found shot to death atop a riding lawn mower while cutting an overgrown lot that was being cleaned up by the city in a high-crime area, the decision said. No one was arrested and the killing remains unsolved.

A claim for workers compensation benefits was denied by an outside administrator who ruled Jenkins’ killing didn’t arise from his work as a city laborer, so Keishana Jenkins filed suit. A judge ruled in favor of the family without a trial, and the city appealed.

The appeals court ruled the lower court was mistaken to side with Jenkins’ survivors since there were unanswered questions about who killed him and why. The decision sends the case back to a county judge for more work.

Topics Workers' Compensation Alabama

Was this article valuable?

Here are more articles you may enjoy.

Latest Comments

  • December 14, 2020 at 4:15 pm
    Wayne says:
    Worker’s comp requires the incident arise out of the course of your employment, not necessarily that it occur at work. A taxi driver shot and killed driving his cab would no... read more
  • December 14, 2020 at 2:07 pm
    KL says:
    In most states this would be a compensable injury because he was injured (killed) in while performing his duties--especially as it was in a higher crime area and thus more dan... read more
  • December 14, 2020 at 1:29 pm
    MC says:
    He was killed while on the job? His family should be compensated. Take it to a higher court.

Add a CommentSee All Comments (3)Add a Comment

Your email address will not be published. Required fields are marked *

*

More News
More News Features