Fernando Rodriguez-Flores, who worked as a painter for U.S. Coatings, Inc., appealed against the order of the Mobile Circuit Court that dismissed his claims alleging retaliatory discharge and fraud.
In the early 2010, Mr. Rodriguez-Flores suffered an injury to his right lower extremity while working in a dry dock, and on June 5, 2011, he became violently ill after allegedly getting exposed to paint fumes and heat exhaustion. His employment was terminated on June 27, 2011. Mr. Rodriguez-Flores sued the company, seeking to recover worker's compensation benefits and also asserting fraud, wantonness, and tort-of-outrage claims.
The Supreme Court of Alabama affirmed in part, reversed in part, and remanded the case. The court ruled that while Mr. Rodriguez-Flores's fraud claim was barred by the Longshore and Harbor Workers' Compensation Act (LHWCA) and Alabama's Workers Compensation Act, the retaliatory-discharge claim did not conflict with the LHWCA and was not preempted by it.
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