Michael Barratt (Birmingham, Alabama)(Workers’ Compensation) obtained a Summary Judgment in Talladega County, Alabama.
Plaintiff brought a workers’ compensation claim against his Employer claiming lumbar and cervical injuries from multiple lifting incidents. The Plaintiff claimed that he was permanently and totally disabled and was seeking both medical, vocational, and indemnity benefits. Defendant filed a Motion for Summary Judgment arguing that the claim was filed outside of the statute of limitations and that no benefits were owed. The Plaintiff claimed multiple dates of injury that were within the statute of limitations and filed an Amended Complaint to include new dates of injury. At the hearing, the Defendant established to the Court that the dates alleged were inconsistent with the Plaintiff’s prior testimony, medical records, and employment records and that the actual date of injury occurred outside of the statute of limitations.
The Court agreed with the Employer and granted Final Summary Judgment in the Defendant’s Favor.