Alabama Workers' Comp Blawg

  • 12
  • Jan
  • 2022

SUPREME COURT ADOPTS PERMANENT RULE REGARDING WORKERS’ COMPENSATION SETTLEMENTS


On December 30, 2021, the Supreme Court of Alabama adopted Rule 47 of the Alabama Rules of Judicial Administration, providing that a Circuit Court shall dismiss any pending action seeking workers’ compensation benefits when (1) the parties have reached a settlement, (2) the settlement has been reviewed and approved by an Alabama Department of Labor Ombudsman, and (3) the parties file the approved settlement agreement, along with a joint stipulation of dismissal with the Court. This new rule does not affect the application of Alabama Code § 25-5-292, which provides that such settlements shall be binding on all parties unless within 60 days the Court sets the settlement agreement aside based on a finding of fraud, newly discovered evidence, or other good cause.

About the Author

This blog submission was prepared by Charley Drummond, 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 Mr. Drummond by e-mailing him at cdrummond@fishnelson.com or by calling him directly at (205) 332-3414.

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