Lee v. LKQ Birmingham, Inc.

DONALDSON, Judge.

This petition for the writ of mandamus arises from an action filed by Franklin Delano Lee, the employee, against LKQ Birmingham, Inc. (“LKQ”), the employer, pursuant to the Alabama Workers’ Compensation Act, Ala.Code 1975, § 25-5-1 et seq. (“the Act”). No trial on any issue has been held, and no final judgment has been entered in the case. At Lee’s request, the Blount Circuit Court (“the trial court”) entered an order striking LKQ’s answer to Lee’s complaint insofar as it denied that Lee’s claims were compensable under the Act and requiring LKQ to pay for surgery on Lee’s…