If the degree or duration of disability resulting from an accident is increased or prolonged because of a preexisting injury or infirmity, the employer shall be liable only for the disability that would have resulted from the accident had the earlier injury or infirmity not existed.
Ala. Code § 25-5-58
Effect of Preexisting Injuries or Infirmities.
Applied in 3 court decisions — leading case Fry's Food Stores v. Industrial Commission (1994)
Most recently applied in Fry's Food Stores v. Industrial Commission (January 1994)
(Acts 1919, No. 245, p. 206; Code 1923, §7561; Code 1940, T. 26, §288.)
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.