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Wix Corp. v. Davis9/16/2005
Wix Corporation seeks relief from an order of the Jefferson Circuit Court awarding Stanton Austin Davis medical benefits under the Alabama Workers' Compensation Act, ยง 25-5-1 et seq., Ala. Code 1975, for a heart condition that allegedly arose out of Davis's employment at Wix.
In September 1998, Davis sued Wix in the Jefferson Circuit Court. Davis requested that the circuit court award him workers' compensation benefits for injuries allegedly suffered at work on September 20, 1996. Davis alleged that he suffered injuries to his knee, back, and mouth after he "blacked out" and fell at work. Davis also sought benefits relating to a heart condition that he claimed was caused by his employment.
In February 2000, Davis and Wix entered into a settlement agreement regarding all of Davis's claims with the exception of his claim for the cost of medical treatment for his heart condition. As to Davis's heart condition, the settlement agreement stated:
"In regards to medical treatment for the heart, the plaintiff agrees that he will continue to seek medical treatment from his health insurance carrier and shall submit all claims for the heart condition as long as he has health insurance. Upon termination of any health insurance where the plaintiff is no longer insured, he will then be able to seek medical treatment in regards to the heart from the employer under workers' compensation as long as said treatment is reasonable and necessary and related to the alleged September 20, 1996 injury pursuant to the Workers' Compensation Act of Alabama."
The circuit court approved the settlement agreement, and it retained jurisdiction over the question whether Davis was entitled to medical benefits for his alleged heart condition.
In February 2004, Davis filed a "Petition for Medical Relief" in which he sought an order requiring Wix to pay for his "cardiovascular/cardiac care" pursuant to the terms of the Workers' Compensation Act. Wix opposed Davis's petition, arguing (1) that compelling payment for Davis's cardiac care would violate the settlement agreement and (2) that Davis's heart condition was not related to his employment.
After a hearing regarding Davis's petition, the circuit court requested that the parties submit briefs. Upon receipt of the briefs, on October 19, 2004, the circuit court entered an order in which it determined that Davis no longer had health insurance as contemplated by the settlement agreement and that, pursuant to the terms of the settlement agreement, Wix was required to pay medical benefits for Davis's cardiac care.
On November 30, 2004, Wix filed a petition for a writ of mandamus with this court. On December 21, 2004, Davis filed a motion to dismiss Wix's petition on the ground that the circuit court's order was a final, appealable judgment as to which mandamus relief was not available. On February 8, 2005, this court denied that motion. Before proceeding to the merits of Wix's petition, we find it necessary to revisit the denial of Davis's motion to dismiss Wix's petition for a writ of mandamus.
"Because mandamus is an extraordinary remedy, the standard of review on a petition for a writ of mandamus is whether there is a clear showing of error on the part of the trial court." Ex parte Atlantis Dev. Co., 897 So. 2d 1022, 1024 (Ala. 2004).
"Mandamus is a drastic and extraordinary writ, to be issued only where there is (1) a clear legal right in the petitioner to the order sought; (2) an imperative duty upon the respondent to perform, accompanied by a refusal to do so; (3) the lack of another adequate remedy; and (4) properly invoked jurisdiction of the court."
Ex parte Integ
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