Sara Kennedy sued her employer, Wal-Mart Stores, Inc., on November 18, 1998, seeking to recover workers' compensation benefits for injuries she had sustained during the course of her employment with Wal-Mart. On the date that the case was tried, Kennedy, pursuant to § 25-5-59(b), Ala.Code 1975, petitioned the court to assess a 15% penalty on the amount of compensation that she alleged was due...
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