On May 8, 2017, Jefferson County Circuit Court Judge Pat Ballard determined as unconstitutional the $220 per week cap on workers’ compensation benefits. Also, Judge Ballard found unconstitutional the 15% cap on attorney’s fees. These developments stand to affect all employers in Alabama.
Nora Clower sustained a back injury in 2013 while at work and filed a workers’ compensation lawsuit against her employer, CVS Caremark. At the time, Clower was earning an average wage of $335 per week. Under the Alabama Workers’ Compensation Act, Clower was entitled to $220 per week in compensation for her disability.
Jefferson County Circuit Court Judge Pat Ballard found the $220 per week cap on workers’ compensation benefits to be unconstitutional. Judge Ballard also ruled that the 15% cap on attorney’s fees is unconstitutional. Due to the non-severability of the Act, Judge Ballard stayed his Order for 120 days so Alabama’s legislature has opportunity to correct the two provisions without the entire Act being found unconstitutional.
The Clower case may have significant impact on Alabama Worker’s Compensation law. Following the ruling in the Clower case, the President of the Alabama State Bar appointed a Task Force to study the issue and craft balanced reform to the Act.
Clower v. CVS Caremark Corp., No. 01-CV-2013-904687, 2017 WL 1948883 (Ala. Cir. Ct. May 8, 2017).