ALABAMA SUPREME COURT TO CONSIDER WHETHER UNEXPLAINED FALLS ARE COMPENSABLE

Lana Brown v. Korner Store:

On April 17, 2009, the Alabama Court of Civil Appeals released an opinion which had the affect of dispensing with the "arising out of" part of the two part causation test. In essence, the Court stated that if you are at work ("in the course of") when the accident occurs, then your injury is compensable. This is known as the "but for" test and is the test for causation in some states. However, the Alabama Workers Compensation Code specifically provides for a two part test. The employer petitioned the Alabama Supreme Court to review the case and, fortunately, the Supreme Court just recently agreed to accept the matter. We will continue to monitor the situation and keep you posted as to all developments.