Lucas Jasper Denmark v. Industrial Manufacturing Specialists, Inc., [Ms. 2101113, May 4, 2012] So. 3d (Ala. Civ. App. 2012), Plaintiff was
a 16-year-old part-time employee of Industrial Manufacturing Specialists,
Inc. ("IMS"). Part of his work involved operating a band saw.
Plaintiff was injured when a piece of bar stock fell from a fork lift.
Plaintiff suffered internal injuries and an open fracture to his left
ankle. He underwent multiple surgeries. He had surgical hardware implanted
in his left ankle. Plaintiff sought double compensation for his injuries
under ¤ 25-8-43(a)(16), Ala. Code (1975), which prohibits the use
of bands saws (among other equipment) by persons less than 18 years of
age. The trial court denied Plaintiff this recovery and entered summary
judgment in favor of IMS on this issue, reasoning that Denmark was not
actively using the band saw at the time of his injury and, thus, there
was no causal nexus. The issue on appeal related to whether Denmark was
entitled to double compensation due to his having been employed in violation
of ¤ 25-8-43(a)(16), Ala. Code (1975). The Alabama Court of Civil
Appeals reversed the trial court, holding that the statutory violation
entitled Denmark to double compensation.