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Appellate Law

: Alabama Appellate Watch

Claim for double-compensation penalty in workers' compensation is not subject to Rule 59

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The Supreme Court answered the question of first impression of whether a claim for the double- compensation penalty of Ala. Code 25-5-8(e) is subject to the time restrictions of Rule 59.  The Court held that, because it is a penalty distinct from the underlying judgment,  it is not.  Therefore, a request for the double-compensation penalty made more than 30 days after the entry of judgment is timely.  Ex parte Ruggs, [Ms. 1061379] (Ala. Aug. 22, 2008).

Full post as published by Alabama Appellate Watch on August 29, 2008 (boomark / email).

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