- 21
- Apr
- 2013
Alabama Court of Civil Appeals Addresses Several Issues in Affirming Permanent and Total Award
On April 19, 2013, the Alabama Court of Civil Appeals released its opinion in McAbee Construction, Inc. v. Elvin Allday. At trial, the employee presented evidence that he had wor…
Read More- 11
- Mar
- 2013
Unexplained Falls are not Compensable in Alabama
On March 1, 2013, the Alabama Court of Civil Appeals released its opinion in Ex Parte Russell Threadgill wherein it denied in part and granted in part the employee’s petition for …
Read More- 20
- Feb
- 2013
Alabama's Judicial Estoppel Defense in Workers' Compensation Matters... Use it or Lose it!
On February 15, 2013, the Alabama Court of Civil Appeals released its opinion in CVS/Caremark Corp. v. Gloria Washington wherein it addressed the affirmative defense of judicial …
Read More- 19
- Feb
- 2013
Alabama Judge Addresses Link Between Manual Labor and Cumulative Trauma Injuries
On February 8, 2013, the Alabama Court of Civil Appeals released its opinion in Ex Parte Johns & Kirksey, Inc. wherein it denied an employer’s petition for a writ of mandamus.…
Read More- 18
- Jan
- 2013
SMART Act Improves Medicare Conditional Payment System
On January 10, 2013, President Obama signed the SMART Act (the Strengthening Medicare and Re-Paying Tax Payers Act) into law. The Act reforms certain aspects of Medicare’s requi…
Read More- 17
- Jan
- 2013
Experiencing Temporary Symptoms does not Constitute a Permanent Aggravation
In Alabama, an aggravation of a preexisting condition can be treated as a new injury if the claimant was working without restriction prior to the accident date or date of last exp…
Read More- 09
- Jan
- 2013
Alabama Workers Compensation Organization 2013 Dues and Spring Conference
Membership in the Alabama Workers’ Compensation Organization offers a number of professional and social opportunities. Among these is the popular 3 day Annual Spring Conference u…
Read More- 07
- Jan
- 2013
2013 Alabama Mileage Reimbursement Rate Update
Effective January 1, 2013, the standard mileage reimbursement rate for Alabama was increased to 56.5 cents per mile.
Read More- 17
- Dec
- 2012
Alabama Court of Civil Appeals Reverses Order Requiring Employer to Pay Medical on Twenty Five Year Old Injury
On December 14, 2012, the Alabama Court of Civil Appeals released its opinion in Goodyear Tire & Rubber Company v. Marvin Wilson. On appeal, was the trial court’s holding tha…
Read More- 13
- Nov
- 2012
Alabama Court of Civil Appeals Affirms Award of Death Benefits
On October 26, 2012, The Alabama Court of Civil Appeals released its opinion in the case of Hornady Transportation, LLC v. Gwendolyn Fluellen. In that case, the employer appealed …
Read More- 13
- Nov
- 2012
Alabama Volunteers and the Right to Workers Compensation Benefits
Volunteers in Alabama who provide free or charitable services for organizations are generally not covered by the Alabama Workers’ Compensation Act. The idea being that someone who…
Read More- 21
- Sep
- 2012
Scott Baio, Joan Jett, Bilbo Baggins, and Tommy Lasorda
What do all of these people have in common with the Alabama Workers’ Comp Blawg? They all celebrate birthdays on September 22nd. Many thanks to all of our readers who have helped …
Read More- 19
- Sep
- 2012
Court Looks at Totality of Circumstances and Determines Accident did not Arise out of or in the Course of Employment
On September 14, 2012, the Alabama Court of Civil Appeals released its opinion in McDuffie v. Medical Center Enterprise. Nancy McDuffie worked as a Patient Care Attendant at Medic…
Read More- 19
- Sep
- 2012
Once Bitten Twice Denied
On September 14, 2012, The Alabama Supreme Court released its decision in the case of Ex parte Johnnie L. Odom. In Mercy Logging, LLC v. Johnnie L. Odom, the Alabama Court of Civ…
Read More- 11
- Sep
- 2012
Alabama Workers Compensation Organization 2012 Fall Conference
Just a reminder that the AWCO will be putting on its Fall Conference at the Westin Hotel in Huntsville, Alabama on October 29th and 30th. Along with a fantastic line up of speaker…
Read More- 10
- Aug
- 2012
No Pain No Gain
On August 10, 2012, the Alabama Court of Civil Appeals released its opinion in Gold Kist, Inc. v. Delores Diane Smith wherein it reversed a permanent and total award. At trial, th…
Read More- 27
- Jul
- 2012
Alabama Workers Compensation Organization 2012 Fall Conference
The AWCO will be putting on its Annual Fall Conference on October 29th and 30th at the Westin Hotel in Huntsville, Alabama. This conference always provides a fantastic line up of …
Read More- 27
- Jul
- 2012
Rattlesnake Roundup Gone Awry
On July 27, 2012, the Alabama Court of Civil Appeals released its opinion in Mercy Logging, LLC v. Johnnie L. Odom wherein it reversed the trial court’s finding that the employee …
Read More- 20
- Jul
- 2012
Alabama Supreme Court Reverses Court of Civil Appeals Holding in Ex parte Caldwell
On July 20, 2012, the Alabama Supreme Court released its opinion in Ex parte Caldwell (In re: West Fraser, Inc. v. Windell Caldwell, Sr.), reversing the earlier January 13, 2012 h…
Read More- 11
- Jun
- 2012
Workers Compensation Rate Change Effective July 1, 2012
Beginning July 1, 2012, the maximum worker’s compensation payable will be $771 per week and the minimum will be $212 per week. This change is based on the Director of Industrial …
Read More
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