City of Thomasville v. Tate

Court of Civil Appeals of Alabama

Mobile County | 175 So. 3d 663 | March 6, 2015


City of Thomasville's Appeal Partially Successful in Workers' Compensation Case Involving Police Sergeant's Injury

The City of Thomasville contested the decision of the Clarke Circuit Court which awarded benefits to Calvin Tate, a former police sergeant, under the Alabama Workers' Compensation Act. Tate was injured in a car crash while responding to a robbery. The primary issue was whether his injuries occurred during the scope of his employment, especially as he was outside the city's police jurisdiction at the time.

The City argued that Tate's high speed and potential failure to wear a seatbelt made the injuries non-compensable. The court, after considering mixed testimonies, sided with Tate, declaring his injuries were due to his employment. However, another point of contention was Tate seeking medical treatment from an unauthorized doctor without following required procedures.

On this matter, the appellate court agreed with the City, reversing the trial court's decision to make the City liable for Tate's unauthorized medical expenses. The City's other grievances, such as the alleged premature judgment by the trial court and inability to present certain witnesses, were not found to be reversible errors. The appellate court upheld the trial court's decision regarding the compensability of Tate's injuries but reversed the part concerning medical treatment by an unauthorized doctor. The case was remanded back to the trial court for further action consistent with the appellate court's opinion.

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