Appellate Law

Payment of workers' compensation benefits pursuant to foreign state's statute does not toll time to bring Alabama workers' compensation claim

In Ex parte Morris, Ms. 1070384 (Ala. June 20, 2008) , in a question of first impression, the Alabama Supreme Court held that the payment of benefits pursuant to another states workers' compensation statute does not toll the time to bring an Alabama workers' compensation claim.  Under the terms of Alabama's statute, only payments under Alabama's workers' compensation statute tolls the time to bring a clain in Alabama.  Thus, the plaintiff's claim in this case was untimely and was dismissed.  The Court recognized that this rule can lead to harsh results, so it noted that equitable tolling may be available in some cases. 

Full post as published by Alabama Appellate Watch on June 25, 2008 (boomark / email).