May 2005 - Verdict in Favor of Employer Upheld on Appeal

A truck driver was killed in a one-vehicle accident.  Not knowing who might be potential dependents, the employer (represented by shareholder Jim Rives) filed a Complaint for Determination of Benefits.  Three different claimants came forward, each of who claimed to be the dependent spouse of the decedent.  After a three-day trial, the court initially ruled in favor of one of the claimants.  The court granted the employer's Motion to Reconsider & reversed itself, holding that none of the claimants had proven dependency as a common law spouse.  The result was an award to the decedent's estate of the 7,500 statutorily-mandated payment rather than 500 weeks of death benefits under the Alabama Worker's Compensation Act.  On appeal, the Alabama Court of Civil appeals affirmed the ruling of the Trial Court, and denied the application for rehearing.  The appeal was defended by Emily Marks and Jim Rives.

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