University of South Alabama v. PJ Lumber Co.

990 So. 2d 369, 2007 WL 80459
CourtCourt of Civil Appeals of Alabama
DecidedFebruary 22, 2008
Docket2050834
StatusPublished
Cited by1 cases

This text of 990 So. 2d 369 (University of South Alabama v. PJ Lumber Co.) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
University of South Alabama v. PJ Lumber Co., 990 So. 2d 369, 2007 WL 80459 (Ala. Ct. App. 2008).

Opinion

990 So.2d 369 (2007)

UNIVERSITY OF SOUTH ALABAMA
v.
P.J. LUMBER COMPANY.

2050834.

Court of Civil Appeals of Alabama.

January 12, 2007.
Rehearing Denied March 16, 2007.
Certiorari Quashed February 22, 2008. Alabama Supreme Court 1060963.

*370 Thomas R. Boller, Mobile, for appellant.

William E. Pipkin, Jr., of Austill, Lewis, Pipkin & Moore, P.C., Mobile, for appellee.

THOMPSON, Judge.

In December 2003, P.J. Lumber Company filed a complaint seeking a judgment declaring whether it owed workers' compensation benefits to Grady Albert, Jr., one of its employees. On July 12, 2004, P.J. Lumber filed a suggestion of death, informing the court that Albert had died on January 25, 2004. On March 29, 2005, P.J. Lumber filed a motion to dismiss its declaratory-judgment action. In that motion, P.J. Lumber alleged that no party had been substituted in Albert's place within the six-month time limit prescribed by Rule 25(a)(1), Ala. R. Civ. P. The trial court initially denied P.J. Lumber's motion to dismiss the action, and Albert's estate was substituted as a party. However, P.J. Lumber filed a motion to reconsider that ruling, and on October 31, 2005, the trial court entered an order granting P.J. Lumber's motion and dismissing the action. Albert's estate did not appeal the October 31, 2005, dismissal of the action.

However, on November 23, 2005, the University of South Alabama ("USA") filed a motion to intervene in the action, a complaint in intervention, and a postjudgment motion seeking reconsideration of the dismissal of the action. In those filings, USA alleged that it had provided medical treatment to Albert as a result of what USA referred to as a "work-related injury." USA sought to recover $771,306.79, the value of the medical services it had provided to Albert, from P.J. Lumber. On February 22, 2006, the trial court entered an order granting USA's motion to intervene.

P.J. Lumber moved to dismiss USA's claims in the trial court. USA responded, and, ultimately, both P.J. Lumber and USA moved for a summary judgment. On May 31, 2006, the trial court entered a judgment determining that it should not have allowed USA to intervene because, it determined, USA had no right to intervene in the action or to file a claim against P.J. Lumber under the Workers' Compensation Act ("the Act"), § 25-5-1 et seq., Ala.Code 1975; accordingly, the trial court granted P.J. Lumber's summary-judgment motion. USA timely appealed.

"We review the trial court's grant or denial of a summary-judgment motion de novo, and we use the same standard used by the trial court to determine whether the evidence presented to the trial court presents a genuine issue of material fact. Bockman v. WCH, L.L.C., 943 So.2d 789 (Ala.2006). Once the summary-judgment movant shows there is no genuine issue of material fact, the nonmovant must then present substantial evidence creating a genuine issue of material fact. Id. `We view the evidence in the light most favorable to the nonmovant.' 943 So.2d 789 We review questions of law de novo. Davis v. Hanson Aggregates Southeast, Inc., 952 So.2d 330 (Ala.2006)."

*371 Smith v. State Farm Mut. Auto. Ins. Co., 952 So.2d 342 (Ala.2006).

USA argues that the trial court erred in concluding that USA could not maintain an action against P.J. Lumber under the provisions of the Act to recover amounts for the cost of the medical services it had provided to Albert. In its judgment, the trial court relied, in part, on § 25-5-81, Ala.Code 1975. That section provides, in pertinent part:

"(a) Commencement of action in circuit court.
"(1) Procedure. In case of a dispute between employer and employee or between the dependents of a deceased employee and the employer with respect to the right to compensation under this article and Article 2 of this chapter, or the amount thereof, either party may submit the controversy to the circuit court of the county which would have jurisdiction of a civil action in tort between the parties...."

§ 25-5-81, Ala.Code 1975 (emphasis added).

USA contends that § 25-5-81, which provides a cause of action only for a dispute between the employer and the employee, does not apply in this case because that section governs claims for "compensation." Under the Act, the term "compensation" is defined as "[t]he money benefits paid on account of injury or death"; the Act specifies that the term "does not include medical and surgical treatment...." § 25-5-1(1), Ala.Code 1975. USA maintains that it did not seek a determination of what, if any, compensation Albert might be due under the Act. Rather, it contends that it is seeking a declaration of P.J. Lumber's liability under § 25-5-77, Ala. Code 1975, which governs payment of expenses for medical and surgical treatment.

USA contends that a subsection of § 25-5-77 provides for the independent action of a medical provider against an employer in the absence of an injured employee's action, especially in this case, where P.J. Lumber, the employer, sought a determination of its liability under the Act. Section 25-5-77 provides, in pertinent part:

"(a) In addition to the compensation provided in this article and Article 4 of this chapter, the employer, where applicable, shall pay the actual cost of the repair, refitting, or replacement of artificial members damaged as the result of an accident arising out of and in the course of employment, and the employer... shall pay an amount not to exceed the prevailing rate or maximum schedule of fees as established herein of reasonably necessary medical and surgical treatment....
". . . .
"(i) Any party, including a health care provider, is entitled to a review by an ombudsman of medical services that are provided or for which authorization of payment is sought if any party or the health care provider has any of the following:
"(1) Been denied payment or had the charge reduced for medical services rendered.
"(2) Been denied authorization for the payment of services requested or performed when authorization is required.
". . . .
"(4) A party to a medical dispute that remains unresolved after a review of medical services as provided by this section may petition the court for relief."

(Emphasis added.)

USA contends that legislative intent to create an independent cause of action for medical providers is evidenced from the fact that § 25-5-77 establishes a *372 distinction between compensation and payment for medical services. It is clear that an injured employee may recover payment for medical expenses pursuant to § 25-5-77 even in the absence of having filed a claim for compensation under the Act. Ex parte Tuscaloosa, 522 So.2d 782 (Ala.1988). In that case, our supreme court stated:

"Therefore, the filing of a[n action] to enforce payment of compensation benefits is not required in order to vest jurisdiction in the circuit court to adjudicate a claim for accrued medical expenses. To recover medical expenses, whether incurred within the [two-year] period of limitations or at any time thereafter, the injured employee, of course, must meet the statutorily imposed burden of proof with respect to `notice,' `accident,' cause relation of the injury and resultant medical expenses, etc...."

Ex parte Tuscaloosa County, 522 So.2d at 784 (emphasis added).

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Bluebook (online)
990 So. 2d 369, 2007 WL 80459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/university-of-south-alabama-v-pj-lumber-co-alacivapp-2008.