Legal Opinion · Dissent

JWM, INC. v. Raines

Court of Civil Appeals of Alabama

Decided January 7, 2000No. 2980636Published

1Dissent

I conclude that the worker was engaged in farm labor at the time of her injury, and, therefore, that she is exempt from coverage under the Workers' Compensation Act, pursuant to Ala. Code 1975, § 25-5-50(a), which states in pertinent part:

"This article and Article 2 of this chapter shall not be construed or held to apply to . . . an employer of a farm laborer."

As Judge Monroe states, this court has stated:

"[T]he exemption of farm labor from [workers'] compensation coverage is construed according to the character of the work regularly performed by the employee, not according to the nature of…

2Cases cited9 opinions

  1. Pow v. Southern Const. Co.Supreme Court of Alabama · 1938
  2. Eley v. Brunner-Lay Southern Corporation, Inc.Supreme Court of Alabama · 1972
  3. Ginn v. Forest Nursery Co.Tennessee Supreme Court · 1932
  4. Tucker v. NewmanSupreme Court of Minnesota · 1944
  5. Buchanan v. PankeyCourt of Civil Appeals of Alabama · 1988

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