KGS Steel v. McInish

Date: August 11, 2011

Alabama Supreme Court

As of 1992, Alabama’s workers’ compensation system was facing a financial crisis. The legislature overhauled the system according to common sense principles. First, the new statute reformed the standards of appellate review of these proceedings. Also, because so many Alabama plaintiffs had brought dubious cumulative trauma claims, the legislature raised the plaintiffs’ burden of proof in such cases. NFIB joined in an amicus brief defending these reforms from being watered down by plaintiff-friendly judges.

Status: DECIDED. Amicus brief filed on 10/03/08.  The court refused to overturn decision of the court of appeals that significantly weakened the legislative reforms.

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