W. Fraser, Inc. v. Caldwell

2 Citing cases

  1. West Fraser, Inc. v. Caldwell (Ex parte Caldwell)

    104 So. 3d 901 (Ala. 2012)   Cited 17 times
    Arguing that Ex parte Southern Energy Homes, Inc., should be overruled as an aberration

    STUART, Justice.This Court issued a writ of certiorari to determine whether the decision of the Court of Civil Appeals in West Fraser, Inc. v. Caldwell, 104 So.3d 889 (Ala.2012), conflicts with the parameters of appellate review set out in Ex parte McInish, 47 So.3d 767 (Ala.2008). We conclude that it does, and we reverse and remand.

  2. Ex parte Threadgill

    122 So. 3d 215 (Ala. Civ. App. 2013)   Cited 2 times

    We do not consider those issues because substantial evidence supports the trial court's finding that the fall was not a direct and natural consequence of the employee's earlier back injury. Similarly, we reject the employee's argument that the employer was required to plead lack of employment causation as an affirmative defense. West Fraser, Inc. v. Caldwell, 104 So.3d 889, 894 n. 6. (Ala.Civ.App.2012) ( “lack of causation is not an affirmative defense to a workers' compensation claim”), rev'd on other grounds, Ex parte Caldwell, supra. Finally, the employee maintains that the trial court erred in attributing his right-shoulder injury to the April 26, 2010, fall. A medical record placed into evidence showed that the employee had complained of right-shoulder pain on April 23, 2010.