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Akins v. Drummond Co.
Citations: 628 So. 2d 591; 1993 Ala. LEXIS 1125; 1993 WL 462757Docket: 1921311
Court: Supreme Court of Alabama; November 11, 1993; Alabama; State Supreme Court
Bobby Ray Akins, a coal miner employed by The Drummond Company, suffered a heart attack while working, which was determined to be non-job-related. He received no medical treatment at the mine and subsequently died. His wife, Gwendolyn Akins, filed a lawsuit against Drummond and three co-employees, alleging violations of the Alabama Coal Mine Safety Law of 1975 for failing to provide medical care and notify a doctor. The defendants sought summary judgment, arguing that Akins' claims were barred by the exclusivity provision of the Alabama Workers’ Compensation Act. The trial court granted summary judgment in favor of the defendants, which the plaintiff appealed. The court affirmed the trial court's ruling, noting that the plaintiff did not claim under the Workers’ Compensation Act but asserted that Drummond had no obligation to pay benefits. The court explained that the exclusivity provision of the Workers’ Compensation Act precluded all other claims related to an employee's death, as there was no common law right to recover for death. The plaintiff was not pursuing a claim under the relevant statutes that provide for recovery in death cases, which left her without a legal basis to proceed. The court distinguished this case from prior cases cited by the plaintiff, emphasizing that those involved different definitions of injury under the Workers’ Compensation Act, which did not apply here since the claim was based on death. The decision was affirmed, with all justices concurring.