Erin Agricola and Matthew Williams successfully defended a workers’ compensation lawsuit on behalf of a large tire manufacturer in February 2017.

On or about September 20, 2015, while working in the line and scope of his employment, Plaintiff Jim Knox suffered an injury to his right eye when he took off his safety glove, removed his safety glasses, and allegedly rubbed paint in his eye.  The following morning, Knox woke up with a severe loss of vision. Knox filed suit under the Alabama Workers’ Compensation Act.

The trial was held in Tuscaloosa, Alabama, on September 21, 2016, exactly one year to the date of Plaintiff’s injury.   The two issues before the court were medical causation and willful violation of a safety rule. Knox’s treating physician was unable relate Knox’s allegations to his injury beyond a mere possibility and, at trial, Knox agreed his injury was caused by sticking his own finger in his own eye. Knox was caught in several inconsistencies during his trial testimony.

On February 7, 2017, Judge Bradley Almond ruled in favor of the employer/carrier (our client) on all issues citing a lack of medical causation evidence. This was a big win for the carrier on an issue with potentially large exposure.