Ex Parte City of Birmingham

988 So. 2d 1035, 2008 WL 274749
CourtSupreme Court of Alabama
DecidedFebruary 1, 2008
Docket1061225
StatusPublished
Cited by5 cases

This text of 988 So. 2d 1035 (Ex Parte City of Birmingham) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ex Parte City of Birmingham, 988 So. 2d 1035, 2008 WL 274749 (Ala. 2008).

Opinion

988 So.2d 1035 (2008)

EX PARTE CITY OF BIRMINGHAM.
(In re City of Birmingham
v.
Floyd Lee George).

1061225.

Supreme Court of Alabama.

February 1, 2008.

*1036 Tamara Harris Johnson, city atty., and John M. Edens and Julie P. Barnard, City of Birmingham Law Department, for petitioner.

Robert W. Lee of Robert W. Lee & Associates, P.C., Birmingham, for respondent.

SEE, Justice.

The City of Birmingham ("the City") petitioned this Court for the writ of certiorari to review whether the Court of Civil Appeals erred when it reversed the trial court's judgment and awarded the City a partial setoff against its worker's compensation obligations to Floyd Lee George. City of Birmingham v. George, 988 So.2d 1031, 1031-35 (Ala.Civ.App.2007). This Court granted certiorari review on September 12, 2007. For the reasons discussed below, we affirm the judgment of the Court of Civil Appeals.

Facts and Procedural History

On May 12, 2003, George, an employee of the City, was injured and permanently disabled when he stood up and touched an electrical power line while changing lightbulbs in a traffic signal, as part of his job with the City. Following his accident, George received 180 days of "injury-with-pay leave" from the City pursuant to the Birmingham Pension Act. Act No. 1272, Ala. Acts 1973. When that leave expired, the City continued to pay his related medical and disability expenses and 70% of his monthly salary as extraordinary disability benefits ("EOD benefits") pursuant to the Birmingham Pension Act.

In 2004, George brought an action seeking compensation under the Alabama Workers' Compensation Act, § 25-5-1 et seq., Ala.Code 1975 ("the Act"), in addition *1037 to his EOD benefits. The threshold issue was whether the City, which is governed by the Birmingham Pension Act, is subject to the Act. The trial court held that it was. The Act provides, in part:

"In calculating the amount of workers' compensation due:
"(1) The employer may reduce or accept an assignment from an employee of the amount of benefits paid pursuant to a disability plan, retirement plan, or other plan providing for sick pay by the amount of compensation paid, if and only if the employer provided the benefits or paid for the plan or plans providing the benefits deducted."

§ 25-5-57(c), Ala.Code 1975. Pursuant to this provision, the trial court allowed a setoff of the amount due under the Act for the funds the City had paid George as "injury-with-pay leave" and for its payment of medical and disability expenses, but it denied a setoff for the EOD benefits the City had paid, because the City had provided only one-half of the funds that constituted those benefits. The other one-half had come from employee contributions.

The Court of Civil Appeals affirmed the trial court's judgment.[1] On rehearing, however, it withdrew its original opinion and substituted a new opinion; the substituted opinion, although affirming the trial court's holding that the City is subject to the Act, held that, under § 25-5-57(c)(1), Ala.Code 1975, an employer that provides a portion of the benefits under a disability plan is entitled to a setoff from liability under the Act equal to the percentage of its contribution to the plan. Therefore, the Court of Civil Appeals awarded the City a setoff from any payments owed to George under the Act to compensate for the City's 50% contribution to the EOD benefits George had received. 988 So.2d at 1036.

We granted the City's petition for the writ of certiorari to determine, as a material question of first impression, whether § 25-5-57(c)(1), Ala.Code 1975, entitles employers to a deduction from the benefits required to be paid under the Act, in whole or pro rata, for other benefits paid to an injured employee from a plan only partially funded by the employer.

Standard of Review

"In reviewing the Court of Civil Appeals' decision on a petition for the writ of certiorari, `this Court "accords no presumption of correctness to the legal conclusions of the intermediate appellate court. Therefore, we must apply de novo the standard of review that was applicable in the Court of Civil Appeals."'"

Ex parte Wade, 957 So.2d 477, 481 (Ala. 2006) (quoting Ex parte Exxon Mobil Corp., 926 So.2d 303, 308 (Ala.2005), quoting in turn Ex parte Toyota Motor Corp., 684 So.2d 132, 135 (Ala.1996)).

Analysis

The City argues that § 25-5-57(c)(1), Ala.Code 1975, "should be construed in pari materia with § 25-5-53,[[2]] *1038 prohibiting additional statutory remedies, and the City's Pension Act," and that, if § 25-5-57(c)(1) is so construed, "the City should be afforded a full offset for [the EOD] benefits against any [worker's compensation] award." City's brief at 65-66. The City argues that George is entitled to no additional benefits under the Act and that, even if a setoff is allowed against the worker's compensation benefits for the EOD benefits, unless that setoff is 100% George would receive duplicate compensation for the same injury. George argues that the City is not entitled to any offset for the EOD benefits he was paid, because § 25-5-57(c)(1), Ala.Code 1975, provides for an offset only when "the plan is provided or funded completely by the Employer." George's brief at 5.

The issue whether § 25-5-57(c)(1), Ala. Code 1975, which provides for a setoff against workers' compensation benefits for employer-funded disability plans, permits a full setoff, a partial setoff, or no setoff when the plan is not fully funded by the employer is a matter of first impression for this Court. Section 25-5-57, Ala.Code 1975, was amended in 1992 to include the setoff provision, and all previous decisions of this Court construing this section of the Act dealt with plans that had been entirely funded by the employers. See Ex parte Fort James Operating Co., 895 So.2d 294, 297 (Ala.2004) ("[The employer] has provided substantial evidence indicating that it was the sole source of funding for the plan. [The employee] has not offered any evidence indicating that he funded any portion of his sick-pay plan."); Ex parte Dunlop Tire Corp., 706 So.2d 729, 731 (Ala.1997) ("The question before us, therefore, is whether Dunlop `provided the benefits or paid for the plan or plans providing the benefits deducted.'" (quoting § 25-5-57(c)(1), Ala.Code 1975)).

The issue in this case requires us to construe a statute — § 25-5-57(c)(1). We have stated:

"`The fundamental principle of statutory construction is that words in a statute must be given their plain meaning.' Mobile Infirmary Med. Ctr. v. Hodgen, 884 So.2d 801, 814 (Ala.2003). `When a court construes a statute, "[w]ords used in [the] statute must be given their natural, plain, ordinary, and commonly understood meaning, and where plain language is used a court is bound to interpret that language to mean exactly what it says."' Ex parte Berryhill, 801 So.2d 7, 10 (Ala.2001) (quoting IMED Corp. v. Systems Eng'g Assocs. Corp., 602 So.2d 344, 346 (Ala. 1992)). Additionally, "`[c]ourts must liberally construe the workers' compensation law `to effectuate its beneficent purposes,' although such a construction must be one that the language of the statute `fairly and reasonably' supports."' Ex parte Weaver, 871 So.2d 820, 824 (Ala.2003) (quoting Ex parte Beaver Valley Corp., 477 So.2d 408, 411 (Ala.1985))."

Trott v. Brinks, Inc., 972 So.2d 81, 85 (Ala.2007).

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988 So. 2d 1035, 2008 WL 274749, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-city-of-birmingham-ala-2008.