Tenet Health System Medical, Inc. v. Roberts

The provision of the settlement agreement stating that Roberts was to receive $427 per week “as long as [Roberts was] permanently and totally disabled” was, in effect, merely declaratory of the employer’s right to reopen conferred by Ala.Code 1975, § 25-5-57(a)(4)b. Under Ex parte Kimberly-Clark Corp., 779 So.2d 178 (Ala. 2000), a trial court’s retention of jurisdiction to modify any award of permanent-disability compensation under the Act, other than to modify a permanent-total-disability award on a petition of the employer under § 25-5-57(a)(4)b., is improper. Moreover, the main opinion…