Alabama Workers' Comp Blawg

  • 26
  • Sep
  • 2025

Alabama Workers’ Comp Meets the Highlander Rule: There Can Be Only One Panel


The Alabama Court of Civil Appeals didn't lose its head when asked to weigh in on the often debated “second panel of four” question in workers’ compensation.

In Ex parte Lancaster, No. CL-2025-0486 (Sept. 19, 2025), a truck driver for Hunnicutt Mobile Home Service sustained both an elbow and an eye injury in a work-related motor vehicle accident. The employer sent him to an orthopedist for the elbow and an ophthalmologist for the eye.

Both doctors subsequently placed him at maximum medical improvement (MMI). The employee, dissatisfied with his care, asked for panels of four physicians in both specialties. The employer provided a panel of ophthalmologists but refused to provide an orthopedic panel.

The employee took the position that he was entitled to multiple panels since two different injuries and specialties were involved. The trial court disagreed, and the Court of Civil Appeals declined to give mandamus relief.

The Court pointed to prior cases and the specific text of § 25-5-77(a) that provides for one panel of four if the employee is dissatisfied with the initial treating physician. It does not mention the right to additional panels if multiple doctors are involved.

The Court emphasized that giving employees multiple panels would upset the balance the Legislature struck between employer control of treatment and employee input. In other words, if more rights were intended, the Legislature would have written them into the statute.

My Two Cents:

The Court denied the writ and reiterated that Alabama’s statute only guarantees one panel of four physicians. This decision has no effect on whether a panel of four surgeons is available in the event of a surgery recommendation. That is a separate right also provided for in § 25-5-77(a).

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.

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