system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: compensation actions are governed by the Alabama Rules of Civil Procedure. See § 25-5-88, Ala.Code 1975, and Rule 81, Ala. R. Civ. P. Rule 70A, Ala. R. Civ. P., governs the procedure for finding a party in contempt of court, and an employer who is a party to a workers’ compensation case may be sanctioned for contempt by a trial court’s following that rule. See Travelers Indem. Co. of Illinois v. Griner, 809 So.2d 808, 814-15 (Ala.2001). In the case of a finding of a constructive criminal contempt, the court may impose imprisonment or a fine to punish the contemnor. See Rule 70A(e)(l), Ala. R. Civ. P. That fine, however, may not take the form of workers’ compensation benefits, but should be a separate award altogether. See Argo Constr. Co. v. Rich, 603 So.2d 1078 (Ala.Civ.App.1992) (<HOLDING>). In this case, as the employee acknowledges, Options: A. holding that the consideration of the fact that claimant collected unemployment benefits while he was allegedly disabled was not a ground for reversal where there was other medical and vocational evidence supporting denial of benefits and claimants receipt of unemployment benefits was not decisive factor in denial of benefits B. holding that order finding that injury arose out of and in the course of the employment and awarding medical benefits was interlocutory order that would not support appeal C. holding that when a plan fiduciary initially determines that a covered employee is eligible for benefits and later determines that the employee is not eligible for those benefits by virtue of additional medical information received the plan fiduciary is not required to obtain proof that a substantial change in the ltd recipients medical condition occurred after the initial determination of eligibility and noting that a contrary holding would basically prohibit a plan fiduciary from ever terminating benefits if it later discovered evidence that the erisa plaintiff was not disabled at the time of the initial grant of benefits and that such a rule would have a chilling effect on the prompt ness of granting initial benefits in the first place D. holding that circuit court could assess attorneys fees against contemptuous employer for violating order to pay medical benefits but the fees would be separate and additional to the medical benefits awarded and not based on a percentage of those benefits but on the reasonable amounts incurred by employee in enforcing order E. holding that although disability benefits cannot be included as part of the marital estate a court may consider the waiver of retirement pension benefits in favor of disability benefits in determining whether there has been a material change in circumstances which would justify modification of an alimony award to a former spouse who was previously awarded a fixed percentage of the retirement pension benefits

assistant: The best answer is D. holding that circuit court could assess attorneys fees against contemptuous employer for violating order to pay medical benefits but the fees would be separate and additional to the medical benefits awarded and not based on a percentage of those benefits but on the reasonable amounts incurred by employee in enforcing order