Ex Parte Sunbelt Transport, Inc.

In Ex parte Publix Super Markets, Inc., 968 So.2d 654 (Ala.Civ.App.2007), this court specifically held that, in cases in which an employer disputes its liability for medical benefits, a trial court may not award such benefits without first resolving that dispute. This court concluded that Ala.Code 1975, § 25-5-88, mandates that a trial court must resolve any controversy between the parties regarding a worker’s entitlement to medical treatment in accordance with the Alabama Rules of Civil Procedure. 963 So.2d at 658-59. According to Publix, in disputed cases, a trial court cannot simply award…