Insurance Co. of North America v. Phillips

I respectfully dissent from the well-stated opinion authored by my distinguished colleague.

It is true that § 25-5-ll(e) provides for “attorney’s fees”; whereas, § 25 — 5—11(d) provides for “costs, attorney’s fees and reasonable expenses.” I am of the opinion, however, that such a wording in the statute does not compel us to treat employees and employers differently regarding the recovery of the expenses of litigation in cases such as the instant case.

*449Instead, I would note the applicability to this situation of the rule of statutory construction which states that we must consider the entire…