Alabama Workers' Comp Blawg

  • 18
  • Jan
  • 2025

Alabama Circuit Court Cannot Acquire Jurisdiction of a Workers Compensation Matter in its Capacity as an Appellate Court

                          

On September 20, 2024, the Alabama Court of Civil Appeals released its opinion in the case Zackery v. Huntley wherein it reversed both the District Court and the Circuit Court’s judgment in favor of plaintiff that awarded workers’ compensation benefits. The appellate Court’s decision to reverse the WC judgments was due to the plaintiff initially and improperly filing the WC lawsuit in District Court. The Circuit Court was only involved because the employer appealed the final judgment to the Circuit Court for a de novo review. In Alabama, Circuit Courts have original jurisdiction in workers’ compensation cases. Since plaintiff originally filed the WC matter in District Court, the Circuit Court did not properly obtain jurisdiction since it was only involved in its capacity as an appellate court.

                  

My Two Cents: In may types of civil matters, a lawsuit can be filed in the District Court if the amount in controversy is $20k or less. Reasons for filing in District Court include a cheaper filing fee, less formality, and a quicker path to a bench trial. Any District Court judgment can be appealed to the next level which is the Circuit Court. The Circuit Court judge handles the appeal de novo which is Latin for anew or from the beginning. Basically, that means the judge is not supposed to consider the prior judgment and basically wipe the slate clean.

                  

This blog submission was prepared by Mike Fish, an attorney with Fish Nelson & Holden, LLC, a law firm dedicated to representing self-insured employers, insurance carriers, 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 submission 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.

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