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WORKERS' COMPENSATION/DEATH BENEFITS & OFFSETS/CREDITS - HOSPICE FAMILY CARE V. ALLEN

Hospice Family Care v. Allen, [Ms. 2140861, June 10, 2016] __ So. 3d __ (Ala. Civ. App. 2016). The Court of Civil Appeals affirms the judgment of the Madison Circuit Court awarding workers' compensation death benefits for a home health care nurse who died in an automobile collision while traveling toward home within her ordinary work hours. Given the standard of review imposed by § 25-5-81(e), Ala. Code 1975, the court found no error (Ms. *11-18) in the circuit court's judgment that the claim was not barred by the so-called "going and coming rule" of McDaniel v. Helmerich & Payne Int'l Drilling Co., 61 So. 3d 1091 (Ala. Civ. App. 2010); and McClelland v. Simon-Williamson Clinic, P.C., 933 So. 2d 367 (Ala. Civ. App. 2005).

The court also found no error when the circuit court failed to award a setoff for life-insurance and employer-provided death benefits that had been paid to the worker's spouse. Ms. *18-21. Rejecting the employer's contention that §§ 25-5-57(c)(1) and (c)(3) entitled it to a setoff, the court concluded that those provisions did not apply to cases where death benefits are paid. Id.

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