Hospice Family Care v. Allen

Court of Civil Appeals of Alabama

Madison County | 218 So. 3d 1222 | June 10, 2016


HFC Appeals Workers' Compensation Awarded to Widow after Employee's Fatal Car Accident

Hospice Family Care (HFC) has appealed a decision by the Madison Circuit Court that ruled in favor of Joseph Allen, the husband of the deceased Suzanne Sharp Allen, an employee of HFC. Suzanne died in a car accident in 2014, and Joseph sought death benefits and burial costs under the Alabama Workers' Compensation Act. The court determined that at the time of the accident, Suzanne was working within her employment scope and awarded Joseph $6,500 for burial expenses plus additional compensation.

The main contention lies around the "going and coming rule" in workers' compensation laws, which usually excludes accidents that occur during commutes from work-related compensations. However, the court considered that Suzanne was still on duty for HFC when the accident happened, given that she had pending job tasks and had made a brief personal stop at a pharmacy. HFC argued against the award amount, especially in light of insurance payouts and death benefits that had already been provided. Some judgments by the circuit court were later reversed on appeal.

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