Harris v. Vaughan

This is a workmen's compensation case. The only issue for review is whether the double award penalty provision of §25-5-8 (e), Code of Alabama (1975) is mandatory. We hold that it is and reverse and remand.

The trial court determined that the death of plaintiff's deceased husband was compensable under the provisions of the Alabama Workmen's Compensation Act and made an award in accordance with that act. Plaintiff moved to alter or amend the judgment to include the penalty provided by § 25-5-8 (e). Motion was denied through failure of the court to rule as required by Rule 59.1, Alabama Rules of…