- 22
- Oct
- 2023
Alabama Supreme Court Says Removing Lid to Unclog Machine Constitutes a Repair Instead of Safety Device Removal
On December 2, 2022, the Alabama Supreme Court release its opinion in Ex parte Varoff wherein it granted the employer’s petition for writ of mandamus. The trial judge had previously denied summary judgment in this safety guard removal case where the evidence revealed that a lid was removed from the subject machine just prior to the employee injuring his arm. The Alabama Supreme Court determined that it was necessary to remove the lid to unclog the machine. Since unclogging the machine enabled the machine to work properly it constituted a repair thus disqualifying it as a safety guard removal.
Get Blawg Updates by Email
Categories
- $220 Cap
- ADA FMLA PDA GINA
- Appeals
- Apportionment
- Attendee Care, Functional Aids
- Authorized Treating Physician
- Average Weekly Wage
- Awards
- Benefits
- Bills
- Burden of Proof
- Causation
- Co-Employee, Willful Conduct, Safety Guard Removal
- Death Benefits
- Discovery
- Drugs
- Elections
- Employee Contact
- Employee, Subcontractor, Special Employer
- Evidence, Witnesses
- Exclusivity Doctrine
- Exemptions
- Experts
- FCE
- Fraud
- Going, Coming
- Immunity
- Impairment, Disability
- Intentional Acts of Third Parties
- Judgment, Order
- Laws
- Legislation
- Licensing
- Medical Benefit Closure
- Medical Marijuana
- Medical Records, Confidentiality
- Medical Treatment, Devices
- Medicare Set Aside Agreements
- Mileage Expense
- Mileage Reimbursement Rate
- Misrepresentation of Prior Condition
- Motions, Hearings, Trials
- Notice
- Occupational Disease
- Organizations, Associations, Conferences
- Outrage, Intentional Torts
- Panel of Four
- Penalties
- Permanent and Total
- Psych, Mental
- Retaliatory Discharge
- Schedule vs. Body as a Whole
- Settlement
- Social Security Disability
- Statute of Limitations
- Subrogation, Reimbursement
- Successive Injuries, Second Injuries
- Trial
- Venue, Jurisdiction
- Vocational Rehab, Training
- Volunteers
- Willful Misconduct, Safety Rule
- Workers Comp
- Workers Compensation Fraud
- Interpreter, Translation
