When Can a Scheduled Injury Be Taken Outside the Schedule in Alabama Workers Compensation Claims?

When Can a Scheduled Injury Be Taken Outside the Schedule in Alabama Workers Compensation Claims?

One of the most important questions in an Alabama workers’ compensation case is whether an injury is classified as a scheduled injury or a non-scheduled injury. In many cases, that distinction can significantly affect the benefits an injured worker may receive.

As we discussed in an earlier article, injuries involving a hand, arm, foot, leg, or other “scheduled member” are generally compensated according to the schedule contained in Alabama’s Workers’ Compensation Act.

Related Article: Scheduled vs. Non-Scheduled Injuries in Alabama Workers’ Compensation Cases: Why the Difference Matters.

Many people assume that once an injury is classified as a scheduled injury, the analysis ends there.  It doesn’t.

Over the years, Alabama appellate courts have recognized that certain scheduled injuries may produce effects extending well beyond the injured body part. When that occurs, the claim may no longer be limited to the statutory schedule.

Because this area of the law has developed through judicial decisions rather than a single statute, understanding the applicable case law is important.

The General Rule

The starting point is straightforward.    If an injury is confined to a scheduled member, compensation is ordinarily limited to the number of weeks assigned by the Legislature for that body part.

The purpose of the schedule is to provide predictability and consistency. Rather than evaluating every worker’s individual earning capacity, the Legislature determined that certain injuries should receive predetermined benefits.  However, as with many legal rules, exceptions have developed.

The Landmark Case: Ex parte Drummond Co.

One of the most important Alabama Supreme Court decisions in this area is Ex parte Drummond Co., 837 So. 2d 831 (Ala. 2002).

In Drummond, the Court clarified when an injury to a scheduled member may be compensated outside the statutory schedule.

Rather than focusing solely on the location of the injury, the Court explained that the critical question is whether the effects of the injury extend to other parts of the body and interfere with their efficient functioning.

That principle has become the foundation for analyzing many scheduled-member cases in Alabama.

It’s the Effects of the Injury That Matter

One of the biggest misconceptions injured workers have is believing that the original injury itself must spread to another body part.  That is not exactly what Drummond teaches; instead, the focus is on the effects of the injury.

For example, suppose a worker suffers a serious injury to a foot.  Because of that injury, the worker develops:

• a permanent altered gait;
• chronic hip pain;
• lower back pain;
• balance problems; and
• difficulty standing for prolonged periods.

Although the original injury occurred in the foot, its effects may interfere with the efficient functioning of other parts of the body.  Those facts may support an argument that the injury should not remain confined to the statutory schedule.

Altered Gait Cases

Lower-extremity injuries frequently produce secondary orthopedic problems.

A worker who permanently favors one leg may eventually develop:

• lumbar spine pain;
• hip dysfunction;
• opposite-knee problems; or
• chronic balance difficulties.

These cases often turn on careful medical testimony explaining whether those conditions were caused by the altered mechanics of walking following the original workplace injury.

Simply complaining of discomfort is usually insufficient. Courts generally expect medical evidence connecting those secondary conditions to the original injury.

Learn More: How an Altered Gait affects your Workers’ Compensation and Social Security Disability Claim.

What About Pain?

Pain has generated some of the most heavily litigated workers’ compensation decisions in Alabama.

The mere existence of pain does not automatically remove an injury from the schedule. If it did, almost every scheduled injury would become a non-scheduled injury.  Instead, Alabama appellate courts have recognized that exceptionally severe, debilitating pain may justify treating an injury differently under appropriate circumstances.

Several decisions following Drummond, including Norandal U.S.A., Inc. v. Graben, explore the circumstances under which pain may become so severe that it effectively affects the worker’s body as a whole.

Related Article: Can Chronic Pain Prevent Me from Working?

Complex Regional Pain Syndrome (CRPS)

Complex Regional Pain Syndrome (CRPS), formerly known as Reflex Sympathetic Dystrophy (RSD), frequently raises questions about scheduled-member injuries.

Although CRPS often begins in a hand, arm, foot, or leg, the condition may involve the nervous system and produce symptoms affecting much more than the original injury site.

Workers suffering from CRPS may experience symptoms that would remove the injury from the schedules, symptoms such as:

• burning pain;
• hypersensitivity;
• temperature changes;
• swelling;
• muscle weakness;
• sleep disturbance; and
• significant functional limitations.

Learn More: Understanding CRPS (Reflex Sympathetic Dystrophy) in Alabama Workers’ Compensation Cases.

Psychological Conditions

Serious workplace injuries sometimes lead to depression, anxiety, or other psychological conditions.

Standing alone, a psychological diagnosis does not automatically remove a scheduled injury from the schedule; however, when competent medical evidence establishes that psychological conditions developed as a consequence of the workplace injury (or if a preexisting condition was permanently made worse as the result of a job injury) and significantly affect the worker’s overall functioning, those conditions may become important evidence in evaluating the claim.

Because psychological injury claims often require testimony from psychologists or psychiatrists, they frequently involve complex medical and legal issues.

Related Article: Chronic Pain and Psychological Issues

Medication Side Effects

Many workers require prescription medications long after the original injury, and many medications cause side effects, such as:

• fatigue;
• impaired concentration;
• dizziness;
• slowed reaction time;
• memory problems; or
• an inability to safely operate equipment.

Those side effects may become part of the overall picture when evaluating how the injury affects the worker’s body and daily functioning.

Like every other issue discussed in this article, the outcome depends upon the medical evidence presented in the particular case.

Related Article: How the Side Effects of Medication can Affect your Workers’ Compensation Claim and Can Chronic Pain Qualify Me for Social Security Disability Benefits?

Medical Evidence Usually Decides These Cases

One theme appears repeatedly throughout Alabama appellate decisions-Medical evidence matters.

Courts frequently rely upon:

• orthopedic surgeons;
• neurologists;
• pain management physicians;
• psychologists;
• psychiatrists;
• physical therapy records;
• Functional Capacity Evaluations (FCEs); and
• other objective medical evidence.

Successfully arguing that a scheduled injury should be compensated outside the schedule usually requires much more than simply proving the original injury occurred.  This is why it is so vitally important to inform you authorized treating physician or any and all side affects you are having related to the prescribed medication.

Related Article: What is an Authorized Treating Physician?

Frequently Asked Questions

Can every scheduled injury be taken outside the schedule?

No. Most scheduled injuries remain within the statutory schedule. The exceptions recognized by Alabama appellate courts apply only when supported by the facts and medical evidence.

Does Ex parte Drummond automatically help every injured worker?

No. Drummond established the governing legal framework, but each case depends on its own medical evidence and circumstances.

Is chronic pain alone enough?

Not necessarily. Alabama courts have distinguished ordinary pain from exceptionally severe pain that substantially affects the worker’s body as a whole.

Can medication side effects be considered?

Yes.  If medication prescribed for the work injury causes significant functional limitations, those effects may become relevant depending upon the facts of the case.

The Bottom Line

Determining whether a scheduled injury should remain within Alabama’s statutory schedule is rarely as simple as identifying the injured body part. Alabama appellate courts have recognized that some workplace injuries produce consequences extending far beyond the original hand, arm, foot, or leg.

At Powell and Denny, we have spent decades helping injured workers throughout Alabama navigate the complex issues that arise in workers’ compensation claims, so don’t hesitate to contact and speak with one of the experienced Alabama Workers Compensation and Social Security Disability attorneys at Powell and Denny today for a free consultation. Appointments are available in person, or virtually via Zoom if more convenient.  Powell and Denny would appreciate the opportunity to help.  And remember, there is no fee unless you win.

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