Workers Compensation

   Davis v. National Car Rental: This was a claim for workers compensation. The court awarded permanent and total disability. The employee had a part-time job which the court determined was uncertain and did not represent the ability of the Plaintiff to earn compensation in the future. The court accepted Plaintiff’s position that the part-time job was of a protective nature and given to Plaintiff because of the friendship with employer and was not certain enough to establish a true earning capacity for the Plaintiff. The case was affirmed by the Alabama Court of Civil Appeals, 628 So. 2d 722.

Sampley v. Integrity Insurance Company: This case involved a claim by Sampley Integrity Insurance Company owed him a defense in an automobile accident. Integrity paid their limits into court and declined to further defend. Supreme Court of Alabama entered an opinion determining that an insurance company has two obligations, i.e., one to defend the action and the other to pay judgment, if coverage provided for payment. Alabama Supreme Court, 476 So. 2d 79.