DOUBLE COMPENSATION IN WORKERS' COMPENSATION CASES - LUCAS JASPER DENMARK V. INDUSTRIAL
In 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.