EX PARTE DUNLOP TIRE CORP.

1951184, 1960105.

706 So.2d 729 (1997)

Ex parte DUNLOP TIRE CORPORATION. (Re Eddie SANDERS v. DUNLOP TIRE CORPORATION. DUNLOP TIRE CORPORATION v. Alton Ray PITTS).

Supreme Court of Alabama.

August 29, 1997.


Attorney(s) appearing for the Case

John O. Cates and Evelyn R. Maiben of Wilmer & Shepard, P.A., Huntsville, for petitioner (1960105).

Thomas R. Robinson and Jeffrey T. Kelly of Lanier Ford Shaver & Payne, P.C., Huntsville, for petitioner (1951184).

J. Zach Higgs, Jr., of Higgs & Emerson, Huntsville, for Eddie Sanders.

Jay E. Emersom, Jr., of Higgs & Emerson, Huntsville, for Alton Ray Pitts.

John J. Coleman III and Gregory C. Cook of Balch & Bingham, Birmingham, for amicus curiae Business Council of Alabama, in support of petitioner.


ALMON, Justice.

This Court granted these two petitions for the writ of certiorari to decide, as a matter of first impression, whether the Court of Civil Appeals correctly interpreted and applied Ala.Code 1975, § 25-5-57(c)(1). That Code section provides:

"(c) Setoff for other recovery. In calculating the amount of workers' compensation due: "(1) The employer may reduce or accept an assignment from an employee of the amount of benefits...

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