Greg Dunagan, a shareholder in the Mobile office, recently obtained a summary judgment on behalf of an employer in a workers’ compensation case. The employee alleged that she had a cumulative trauma injury to her hips that arose out of and during the course of her employment. Mr. Dunagan was able to show that she had not provided proper statutory notice to her employer of her alleged accident or injuries. In an effort to get around the notice defense, the employee alternatively asserted that her injury was an occupational disease which did not require notice, but Mr. Dunagan was able to show that the nature and alleged cause of her injuries were not unique to her employment and therefore she did not have an occupational disease. The trial court agreed with Mr. Dunagan and awarded the employer a judgment as a matter of law.
