Legal Opinion

Mercy Medical v. Keao

Court of Civil Appeals of Alabama

Decided November 7, 2003No. 2020358Published

1Dissent

I believe the trial court's judgment is supported by substantial evidence and therefore should be affirmed. Based on my reading of the judgment, as well as the record, it appears that this is a case in which the employee understood from the employer's representatives and others with whom she consulted that, because her injury resulted from a pre-existing condition and not a "specific incident" while at work, and because of a rule announced by the employer that it must be given notice of workers' compensation claims within 72 hours of the injury, she should pursue disability benefits rather…

Also in this document: Concurrence.

2Cases cited16 opinions

  1. Ex Parte Trinity Industries, Inc.Supreme Court of Alabama · 1996
  2. Blue Bell, Inc. v. NicholsCourt of Civil Appeals of Alabama · 1985
  3. American Tennis Courts, Inc. v. HintonCourt of Civil Appeals of Alabama · 1979
  4. Lambert v. Mail Handlers Benefit PlanSupreme Court of Alabama · 1996
  5. Tarver v. Diamond Rubber Products Co.Court of Civil Appeals of Alabama · 1995

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