Alabama Workers' Comp Blawg

  • 02
  • May
  • 2012

Use of Common Law Defense of Misrepresentation in Workers Compensation

As previously reported on August 5, 2011, the Alabama Court of Civil Appeals held in the case of Cascaden v. Winn-Dixie Montgomery, LLC that an employer need not rely upon an empl…

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  • 25
  • Apr
  • 2012

The Court of Civil Appeals Addresses Statute of Limitations, Notice and Standard of Proof Dealing With a Foot Injury, Successive Back Injury and Traumatic Back Injury

On April 20, 2012, the Alabama Court of Civil Appeals released its decision in the case of Mobile Airport Authority v. Robert Etheredge affirming the trial court’s permanent and t…

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  • 25
  • Apr
  • 2012

Court of Appeals Upholds Two-Part Test for Causation but Affirms Judgment for Employee

On April 20, 2012, the Alabama Court of Civil Appeals released its decision in the case of Ex parte Advantage Resourcing, Inc., in which it addressed both legal and medical causat…

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  • 19
  • Apr
  • 2012

Alabama Court of Civil Appeals Addresses Medical Causation

On April 13, 2012, the Alabama Court of Civil Appeals released its opinion in Maxim Healthcare Services, Inc. v. Freeman, in which the Court addressed an employee’s burden of proo…

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  • 03
  • Apr
  • 2012

Court Addresses Traveling Employee Exception to Coming and Going Rule

On March 30, 2012, the Alabama Court of Civil Appeals released its decision in the case of McDaniel v. Helmerich & Payne International Drilling Co., In this case, the Appellat…

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  • 03
  • Apr
  • 2012

Employers Subrogation Interest Takes Priority Over Employees Recovery

The Alabama Court of Civil Appeals recently released its opinion in the case of Nuss Lumber Co., Inc. v. The Estate of Andy Monghan, in which the Court addressed the employer’s ri…

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  • 27
  • Mar
  • 2012

Workers' Compensation Benefits Can Be Taxable

If the total amount of Social Security Disability Insurance (SSDI) and WC monthly payments exceeds 80% of the claimant’s (monthly) Average Current Earnings, then the SSDI payments…

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  • 25
  • Mar
  • 2012

Free Registration for New Orleans Workers' Compensation Conference

The National Workers’ Compensation Defense Network will host a conference on June 6 & 7, 2012 in New Orleans. The June 6 evening reception will be held at the National WWII Mu…

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  • 25
  • Mar
  • 2012

Discoverable Records in an Outrage Claim

Ex Parte Liberty Mutual Insurance Co. - Petition for Writ of Mandamus Released March 16, 2012 The Alabama Court of Civil Appeals addressed discovery issues in an outrage claim whe…

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  • 27
  • Feb
  • 2012

Alabama Workers' Compensation Organization 2012 Spring Conference

The AWCO will be putting on its 31st Annual Spring Conference on May 3rd and 4th at the Wynfrey Hotel in Birmingham, Alabama. This is always a great conference with a wide array o…

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  • 17
  • Feb
  • 2012

Legislation Seeking to Strengthen the Impairment Defense

Representative Paul DeMarco (R) of Birmingham, has introduced HB 104 seeking to amend §25-5-51 of the Alabama Workers’ Compensation Act. HB 104 relates to injuries caused by an em…

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  • 17
  • Feb
  • 2012

SB 77 Update

On December 31, 2011, this Blawg addressed proposed legislation that would substantially change the Alabama Workers’ Compensation Act. As an update, SB 77 was referred to the Sena…

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  • 13
  • Feb
  • 2012

Court of Civil Appeals Addresses Misrepresentation Defense, Estoppel, Pre-Existing Conditions, Causation, and Permanent and Total Disability

The Alabama Court of Civil Appeals recently released its decision in the case of G.A. West & Co., Inc. v Claiborne Johnston. On Thursday, September 14, 2006, Johnston stepped …

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  • 13
  • Feb
  • 2012

Alabama Insurance Guaranty Association and Six Year Statute of Limitations

On February 10, 2012, the Alabama Supreme Court released it opinion in Ex parte Water Works and Sanitary Sewer Board of the City of Montgomery wherein it ruled that the Alabama In…

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  • 12
  • Feb
  • 2012

Is the Civil Tort Remedy System Better or Worse for Employers than the Regular State WC System?

Re-posted (in part) with permission from Kansas WC defense attorney, Kim Martens (Hite, Fanning & Honeyman, L.L.P., Wichita, Kansas) As an employer, you probably have been fr…

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  • 23
  • Jan
  • 2012

Receiving Unemployment Benefits Does not Prevent a Permanent and Total Award

White Tiger Graphics, Inc v. Paul Clemons On January 13, 2012 the Alabama Court of Civil Appeals addressed a judicial estoppel issue involving an employee claiming he was permanen…

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  • 23
  • Jan
  • 2012

Collateral Estoppel Does Not Work Both Ways

Hale v. Hyundai Motor Manufacturing Alabama, LLC (hereinafter HMMA) On January 6, 2012 the Alabama Court of Civil Appeals released an opinion on the issue of collateral estoppel i…

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  • 23
  • Jan
  • 2012

Finding of Compensability Reversed Where Burden of Proof not Satisfied

West Fraser, Inc. v. Windell Caldwell, Sr. On January 13, 2012, the Alabama Court of Civil Appeals released an opinion wherein it reversed a Trial Court’s finding of compensabilit…

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  • 22
  • Jan
  • 2012

Venue Proper in County of Employee's Residence at Time of Injury

On January 13, 2012, the Alabama Court of Appeals released its opinion in Ex Parte Billy Barnes Enterprises. In this case, a female truck driver was injured in Mississippi in Janu…

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  • 22
  • Jan
  • 2012

The Effect of Affiliates on Proper Venue

On January 13, 2012, the Supreme Court of Alabama released its opinion in Ex parte Wright Brothers Construction Company, Inc., and GIBCO Construction, LLC. This case presented an …

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