- 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…
Read More- 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…
Read More- 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…
Read More- 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…
Read More- 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…
Read More- 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…
Read More- 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 …
Read More- 22
- Jan
- 2012
Gas Exposure Death Deemed Compensable Despite Controversial Lab Results
On January 13, 2012, the Alabama Court of Civil Appeals published its ruling in the case of ATI Alldyne v. Wiseheart. Gary Wiseheart was a mechanic who worked at ATI’s metal extra…
Read More- 22
- Jan
- 2012
Court Makes Finding of Pain that is Totally or Virtually Totally Disabling
On January 13, 2012, the Alabama Court of Civil Appeals released its decision in the case of Goodyear Tire & Rubber Company v. Brian Haygood wherein it upheld the trial court’…
Read More- 15
- Jan
- 2012
Affect of New Alabama Immigration Law on Workers' Compensation
On June 9, 2011, Governor Robert Bentley signed into law the controversial Beason-Hammon Alabama Taxpayer and Citizen Protection Act. This new law has left Alabama workers’ compen…
Read More- 31
- Dec
- 2011
Senate Bill Proposes Several Changes to the Alabama Workers' Compensation Act
On December 9, 2011, State Senator Arthur Orr (R-Decatur) pre-filed a bill (SB77) for the 2012 legislative session that proposes several welcome changes to the Alabama Workers’ Co…
Read More- 29
- Dec
- 2011
Verdict for Employer Reversed due to Inconsistencies in Medical Records
The Alabama Court of Civil Appeals recently released its opinion in the case of Johnson v. Lowe’s Home Centers, Inc. wherein it reversed the trial court’s verdict if favor of the …
Read More- 16
- Dec
- 2011
Alabama Workers' Compensation Organization Membership Deadline
Membership in the AWCO offers a number of professional and social opportunities annually to interact with other workers' compensation personnel. The highlight of the year is the a…
Read More- 23
- Nov
- 2011
Handheld Cell Phones Banned for Commercial Truck and Bus Drivers
On November 23, 2011, the Federal Motor Carrier Safety Administration and the Pipeline and Hazardous Materials Safety Administration recently issued a joint rule prohibiting inter…
Read More- 07
- Nov
- 2011
Alabama Department of Insurance Licensing Requirements for Workers' Compensation Adjusters
The Alabama Department of Industrial Relations (ADIR) requires all workers’ compensation adjusters to complete 8 hours of Continuing Education (CE) per calendar year. The hours mu…
Read More- 28
- Oct
- 2011
Missouri Court rules that Occupational Disease can be Pursued in Tort or as Workers' Compensation Claim
The Missouri Court of Appeals recently upheld a trial court's ruling that an occupational disease does not fall within the exclusivity provisions of the Missouri Workers' Compensa…
Read More- 20
- Oct
- 2011
Accident Caused By Answering Cell Phone While Driving Deemed Compensable in Virginia
A hospice nurse in Virginia was recently awarded workers’ compensation benefits after she was involved in a motor vehicle accident while on call. The hospice nurse worked on call …
Read More- 19
- Oct
- 2011
Exclusivity and Special Employers
On October 14, 2011 the Alabama Court of Civil Appeals released its opinion in Lewis v. Alabama Power Company (APCo) addressing the factors considered when determining if a compan…
Read More- 10
- Oct
- 2011
Alabama Supreme Court Upholds Alabama Court of Civil Appeals's Decision in Ex parte Cascaden Pertaining to Misrepresentation Defense
On October 7, 2011, the Alabama Supreme Court upheld the Alabama Court of Civil Appeals’ decision in Ex parte Scott A. Cascaden (see August 5, 2011 blog article). The Supreme Cour…
Read More- 27
- Sep
- 2011
Medicare Interests Considered Protected Despite Lack of CMS Review
Recently in a case in Arkansas dealing with the Longshore and Harbor Workers' Compensation Act, a Federal Court ruled that Medicare’s interests were considered and protected based…
Read More
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