McWane, Inc. v. McClurg

Court of Civil Appeals of Alabama

County | 59 So. 3d 48 | March 26, 2010

Unintentional Violation of Safety Rules Wasn't Misconduct, but Negligence - Permanent Total Disability Affirmed

This case involves Donald P. McClurg, who worked as a maintenance electrician for McWane, Inc., a pipe producing company. He got injured at work in a severe accident causing fractures, liver damage, contusions, and nerve damage, and didn't return to work. After that, McClurg filed a lawsuit against McWane demanding workers’ compensation benefits.

In response, McWane denied the allegations and noted McClurg's willful misconduct as a defence. In 2008, the court ruled in McClurg’s favor and awarded him permanent total disability benefits. The court declared that McClurg's unintentional violation of safety rules didn't constitute willful misconduct but amounted to negligence. McWane appealed this judgment. The court reaffirmed the initial decision, stating the trial court made no error in ruling that McClurg didn't refuse medical or vocational rehabilitation services imposed by McWane.

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