TRIAL COURT CANNOT COMPEL PAYMENT FOR MEDICAL TREATMENT BEFORE DETERMINATION OF COMPENSABILITY
In re: Randall Paul v. Sunbelt Transport:
In this opinion released on May 8, 2009, the Alabama Court of Civil Appeals considered whether a trial court could compel payment for medical treatment before a determination of compensability had been made. In this case, there had been no adjudication determining that the plaintiff's injury was caused by an accident arising out of and in the course of his employment. Although the defendant initially paid the plaintiff temporary-total-disability benefits under Florida law, the defendant did not admit or concede that the plaintiff's injury was compensable under the Alabama Workers’ Compensation Act (the “Act”). Relying on the previously decided Ex parte Publix Super Markets case, the Court of Civil Appeals ruled that the Act does not authorize a trial court to compel payment for medical treatment before a determination of compensability is made.