Alabama Workers' Comp Blawg

  • 25
  • Jul
  • 2026

Alabama Court Says It Again: Prove Compensability Before You Get Court-Ordered Treatment

 

On July 17, 2026, the Alabama Court of Civil Appeals released its opinion in Ex parte Waterville USA, Inc. The decision does not create any new law. Instead, it doubles down on what has been the law in Alabama for nearly twenty years under Ex parte Publix Super Markets, Inc.: an employee cannot use a motion to compel medical treatment as a shortcut around proving compensability.

 

This is the case employers and carriers routinely cite whenever a claimant attempts to fast-track the issue of compensability in order to obtain additional medical treatment before proving that the injury is work-related. The Court of Civil Appeals simply reaffirmed that a trial court cannot order an employer to provide disputed medical treatment without first giving the employer due process and requiring the employee to prove a compensable injury through the proper procedural vehicle.

 

The Court also rejected the employee's argument that the employer had waived its compensability defense by voluntarily providing medical treatment and temporary benefits. Citing Ala. Code § 25-5-56 and Rule 409, Ala. R. Evid., the court reiterated that voluntary payments are made "without prejudice" and do not constitute an admission of liability.

 

My Two Cents:

 

There are no surprises here. Ex parte Waterville USA is best viewed as a reaffirmation of Publix, not an expansion of it. Employers and carriers remain free to voluntarily provide medical treatment while preserving compensability defenses, and employees still must prove a compensable injury before a court can compel additional medical treatment over the employer's objection. For adjusters and defense counsel, the playbook remains the same. It just has another appellate decision reinforcing it.

 

About the Author:

 

This article was prepared by Mike Fish, an attorney with Fish Nelson & Holden, LLC, a law firm dedicated to representing self-insured employers, insurance carriers and funds, and third-party administrators in all matters related to workers’ compensation. Fish Nelson & Holden is a member of the National Workers’ Compensation Defense Network. If you have any questions about this article or Alabama workers’ compensation in general, please contact Fish by e-mailing him at mfish@fishnelson.com or by calling him directly at 205-332-1448. Fish would like to thank Tracey Stallings, a Workers’ Compensation Specialist for the firm, for her valuable assistance.

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