Perry & Williams, Inc. v. Mitchell

Summary

The Alabama Supreme Court clarifies the meaning of “other apparatus” under Alabama Code § 25-5-77(a), which governs workers’ compensation medical benefits. The court holds that compensable apparatus may be reasonably necessary to improve an injured employee’s condition, prevent further deterioration, or restore a basic level of bodily appearance or functioning. It holds that the requested lift is not compensable, but remands for further proceedings on whether the scooter qualifies under the clarified standard.

Holdings

1. An item qualifies as compensable 'other apparatus' if it is reasonably necessary and is intended to improve the injured employee's condition, prevent further deterioration of the condition, or relieve the effects of the condition by restoring the employee to a basic level of appearance or functioning.
2. The court rejected as too restrictive the dicta in Ex parte City of Guntersville suggesting that 'other apparatus' includes only items that improve an employee's condition.
3. The vehicle lift is not compensable as 'other apparatus' under § 25-5-77(a).
4. A motorized scooter could qualify as compensable 'other apparatus,' but the record required further proceedings to determine whether Mitchell was entitled to one under the clarified standard.

Questions Presented

1. What standard governs whether an item qualifies as 'other apparatus' and is compensable under Alabama Code § 25-5-77(a)?
2. Whether Ex parte City of Guntersville should be clarified or overruled to the extent it limited compensable apparatus to items that improve an employee's medical condition.
3. Whether Mitchell's requested motorized scooter and vehicle lift qualify as compensable 'other apparatus' under § 25-5-77(a).

Disposition

reversed_and_remanded