White Tiger Graphics, Inc. v. Clemons

Court of Civil Appeals of Alabama

Madison County | 88 So. 3d 908 | Jan. 13, 2012

Permanent Total Disability Claim not Barred by Unemployment Benefits

Paul Clemons, an employee of White Tiger Graphics, Inc., filed a lawsuit after injuring his left knee and right shoulder in work-related accidents. The trial court awarded him permanent total disability benefits under the Alabama Workers’ Compensation Act.

White Tiger Graphics, Inc. appealed this decision, arguing that Clemons should be judicially estopped from receiving disability benefits since he had previously received unemployment benefits for the same period, thus stating that he was able to work. Clemons conceded that he was willing to perform certain kinds of work but could not find any suitable work considering his disability condition.

The Court of Civil Appeals affirmed the trial court's decision, ruling against the employer's claim of judicial estoppel and concluding that Clemons’s willingness to perform some work does not contradict his claim of being permanently and totally disabled.

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