Ex Parte Hanvey, In re: Madison Academy

Supreme Court of Alabama

Madison County | 179 So. 3d 135 | Jan. 30, 2015

Injured Worker Wins Workers' Compensation for Chemical Exposure Exacerbating Preexisting Condition

In CVS Corp. v. Smith, Lisa Hanvey was awarded compensation for injuries sustained at her workplace, Madison Academy. Hanvey, while working as a janitor, was exposed to potent chemical fumes, intensifying her preexisting condition, myasthenia gravis. The Madison Circuit Court initially ruled in Hanvey's favor, recognizing her as permanently and totally disabled, granting her benefits under the Workers' Compensation Act.

The Court of Civil Appeals overturned this decision, but upon further review, the higher court reversed the appellate court's decision, supporting Hanvey's claim. The case largely hinged on the long-term effects of chemical exposure on Hanvey's health. Despite Madison Academy's contention that it merely caused a temporary health flare-up, overwhelming medical evidence, including testimonies from Dr. Bazzle, Dr. Arora, and Dr. Alapati, substantiated that the exposure had gravely deteriorated Hanvey's health. A vocational expert confirmed Hanvey's inability to partake in substantial work in the competitive labor market. Given her worsened condition and her incapacity to perform her job or acquire new employment, the trial court deduced her as permanently and totally disabled due to her work-related chemical exposure.

Additional Reading

Other Decisions Regarding Similar Topics:

  • Phone: (205) 335-4190
  • Fax: (205) 278-5875
  • Email: thompsonfirm.al.law@gmail.com