WORKERS' COMPENSATION - EX PARTE ROCK WOOL MFG. CO.
Ex parte Rock Wool Mfg. Co., [Ms. 1141252, Mar. 18, 2016] __ So. 3d __ (Ala. 2016). The exclusivity provisions of the Workers' Compensation Act bar claims under the Employer's Liability Act where an injury comes within the scope of the Workers' Compensation Act. Also, intentional tort claims such as allegations of the tort of outrage against an employer are barred by the exclusivity provisions of the Workers' Compensation Act, at least where the injury caused by the intentional tort is a physical injury compensable by workers' compensation. "Even assuming that Rock Wool acted intentionally with regard to Palmer's workplace accident, it was nevertheless a workplace accident. Therefore, the Workers' Compensation Act applies, and with it, the exclusive-remedy provisions." Palmer alleged that Rock Wool intentionally removed explosion doors from the furnace Palmer was operating.
Related Documents: Ex parte Rock Wool 3-18-16