Oral Argument and Appellate Victory

Attorney Justin Nolen of Clark May Price recently appealed a trial court judgment to the Alabama Court of Civil Appeals on behalf of one of the firm’s clients. Following the submission of written appellate briefs, Justin’s request for Oral Argument was granted, and he was afforded the opportunity to argue his case to the five judges who sit on the Alabama Court of Civil Appeals. Oral arguments in front of the Alabama Court of Civil Appeals are often requested but rarely granted, giving Justin a unique opportunity to present his argument beyond the written briefs that were under submission to the Court.

The case originated in the trial court on a declaratory judgment action to determine whether an employer/workers compensation carrier/fund (Clark May Price’s client) had a right to reimbursement for workers compensation benefits paid in relation to a workers compensation action. The dependent(s) of an injured worker subsequently received a settlement in a third-party tort action from the actual, alleged tortfeasors that was above and beyond the amounts paid by the workers compensation fund. The fund sought a reimbursement for the workers compensation benefits paid in accordance with its statutory right. However, the opposing party argued, and the trial court agreed, that the claim for reimbursement was barred by a two-year statute of limitation, which began to accrue from the date of the workplace accident.

After Oral Argument on August 27, 2024, in a 5-0 decision in Clark May Price’s client’s favor, the Alabama Court of Civil Appeals reversed the trial court’s judgment. The Alabama Court of Civil Appeals found that, under Ala. Code § 25-5-11(a), the statute of limitations for an employer/workers compensation carrier/fund’s right of reimbursement does not begin to accrue until the judgment or settlement from the third-party action has been recovered or collected by the injured worker or their dependent(s). After five years of litigation, the money owed to the fund for the workers compensation benefits it paid finally has been reimbursed to Clark May Price’s client. We thank our client for their trust and patience in allowing us to seek and obtain this correct result on their behalf.