Legal Opinion · Concurrence

Ex Parte Fryfogle

Supreme Court of Alabama

Decided May 7, 1999No. 1971916Published

1Concurrence

I concur in the result of the majority opinion, which holds that in calculating an employee's average weekly wage Alabama considers only the wages earned at the place of employment where the employee was injured. I write only to note that several states have altered their workers' compensation laws to prevent the harsh result Alabama reaches in this kind of case.

As illustrated by the facts of this case, there are many industries in which employees are often employed part-time by two or more employers in the same field. To fully serve the remedial purposes of workers' compensation laws,…

2Cases cited2 opinions

  1. First Virginia Banks, Inc. v. McNeilCourt of Appeals of Virginia · 1989
  2. Mercy Tidewater Ambulance Service v. CarpenterCourt of Appeals of Virginia · 1999

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