Code of Alabama
Ala. Code § 25-5-89 (2026)
Proceedings for Determination of Disputed Claims for Compensation - Costs and Fees.
✓ official Alabama Legislature (ALISON) text, current July 2026
Costs may be awarded by said court in its discretion, and, when so awarded, the same costs shall be allowed, taxed and collected as for like services and proceedings in civil cases, but if it shall appear that the employer, prior to the commencement of the action, made to the person or persons entitled thereto a written offer of compensation in specific terms, which terms were in accordance with the provisions of this article and Article 2 of this chapter, then no costs shall be awarded or taxed against such employer.
(Acts 1919, No. 245, p. 206; Code 1923, §7579; Code 1940, T. 26, §305.)
Notes of Decisions
Cited in 21
cases, 1981–2017 · leading case: Ex Parte Ellenburg, 627 So. 2d 398 (Ala. 1993).
Ex Parte Ellenburg, 627 So. 2d 398 (Ala. 1993). “We next consider the employer's contention that the Court of Civil Appeals erred in affirming the trial court's order requiring the employer to pay the fee of the employee's vocational expert.”
Fort James Operating Co., Inc. v. Stephens, 996 So. 2d 833 (Ala. 2008). “[5] Relying on § 25-5-89, Ala.Code 1975, Fort James next argues that the trial *841 court erred in awarding Stephens costs.”
BE & K, INC. v. Weaver, 743 So. 2d 476 (Ala. Civ. App. 1999). “pursuant to Section 25-5-89, Code of Alabama, 1975, which represents costs and expenses to the employee in prosecuting this action to date.”
Tallassee Super Foods v. Hepburn, 819 So. 2d 63 (Ala. Civ. App. 2001). “§ 25-5-89, Ala.Code 1975; Ex parte Ellenburg, 627 So.”
Millry Mill Co. v. Manuel, 999 So. 2d 508 (Ala. Civ. App. 2008). “We next address Millry Mill's issue IV: "Whether the trial court erred in assessing costs against Millry Mill?" Section 25-5-89, Ala.Code 1975, provides, in part, that "[c]osts may be awarded by [the trial] court in its discretion, and, when so awarded, the same costs shall be…”
Star Rails, Inc. v. May, 709 So. 2d 44 (Ala. Civ. App. 1997). “§ 25-5-89, Ala.Code 1975; Ex parte Ellenburg, 627 So.”
Fort James Operating Co. v. Thompson, 871 So. 2d 44 (Ala. Civ. App. 2002). “" Section 25-5-89, Ala. Code 1975; see also Ex parte Ellenburg, 627 So.”
Kiracofe v. B E & K Constr. Co., 695 So. 2d 62 (Ala. Civ. App. 1997). “He cites § 25-5-89, Ala.Code 1975, and Universal Forest Products v.”
Vardaman v. Vardaman, 167 So. 3d 342 (Ala. Civ. App. 2014). “2d at 695, and as an item of costs in workers’ compensation actions pursuant to the authority of § 25-5-89, Ala.Code 1975, see Universal Forest Prods.”
Diamant Boart Am. Wheel Trueing Tool Co. v. Rhea, 807 So. 2d 537 (Ala. Civ. App. 1999). “The supreme court has written: *541 “ ‘We find authority for taxing costs in workmen’s compensation cases in Ala. Code 1975, § 25-5-89, which states: “Costs may be awarded by said court in its discretion, and, when so awarded, the same costs shall be allowed, taxed and collected…”
Greater Mobile Chrysler-Jeep, Inc. v. Atterberry, 11 So. 3d 835 (Ala. Civ. App. 2008). “Thus, the trial court’s judgment concluding that Atterber-ry suffered a nonaccidental injury must be reversed.”
Dodson v. Johns & Kirksey, Inc., 121 So. 3d 1005 (Ala. Civ. App. 2013). “Finally, the employer’s petition states that the employer is seeking a writ of mandamus directing the trial court to set aside its August 9, 2012, order insofar as that order awarded the employee costs in the amount of $1,811.”
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