Ex parte G.A. West & Company v. Ricky McGhee

Court of Civil Appeals of Alabama

Escambia County | 74 So.3d 963 | June 24, 2011

Post-Judgment Discovery Allowed to Calculate Average Weekly Wage

This case is a second appeal involving G.A. West & Company and Ricky McGhee arising from an earlier ruling that awarded McGhee with permanent-total-disability benefits under the Alabama Workers' Compensation Act. The original judgement's calculation of McGhee's average weekly earnings ($1,328.25) was contested and resulted in remand.

On remand, McGhee sought to conduct discovery pertinent to the determination of his average weekly earnings, which G.A. West contested attempting to limit the earnings based on evidence presented at the initial trial. G.A. West filed for a writ of mandamus to prevent this discovery, however, the court denied the request. The court recognized the importance of allowing the submission of further evidence on remand to ensure an accurate calculation of the injured worker's average weekly earnings.

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