Legal Opinion · Concurrence

Davis Plumbing Co. v. Burns

Court of Civil Appeals of Alabama

Decided April 20, 2007No. 2050480Published

1ConcurrenceMoore, Judge

I concur in the result reached by the majority, but I do not agree with the reasoning of that opinion. The issue presented for our review is not whether the Alabama Workers’ Compensation Act, § 25-5-1 et seq., Ala.Code 1975 (“the Act”), grants to an employer the right to select the pharmacy at which an employee obtains his reasonably necessary prescription medication; it is whether the Act grants to an employee the right to obtain reasonably necessary prescription medication at a pharmacy of his or her own choosing.

It may be conceded that the Act does not expressly grant to an employer the…

2Cases cited6 opinions

  1. Beasley v. MacDonald Engineering Co.Supreme Court of Alabama · 1971
  2. State ex rel. Anseth v. District CourtSupreme Court of Minnesota · 1916
  3. Holy Family Catholic School v. BoleyCourt of Civil Appeals of Alabama · 2002
  4. Geter v. United States Steel Corp.Supreme Court of Alabama · 1956
  5. Kiracofe v. B E & K Construction Co.Court of Civil Appeals of Alabama · 1997

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