Alabama Workers' Comp Blawg

  • 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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  • 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…

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  • 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’…

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  • 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…

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  • 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…

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  • 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 …

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  • 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…

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  • 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…

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  • 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…

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  • 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…

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  • 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 …

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  • 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…

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  • 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…

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  • 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…

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  • 19
  • Sep
  • 2011

Trial Judge Orders Employer to Pay for Pain Management Despite Opinion of Two Treating Physicians that Pain was not Related to Job Injury

Ex parte El Reposo Nursing Home Group, Inc. On September 16, 2011, the Alabama Court of Civil Appeals released this opinion wherein it denied the employer’s petition for a writ o…

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  • 13
  • Sep
  • 2011

Arbitration Agreement Which Splits Costs of Arbitration Cannot be Modified by Trial Court

  Don Drennen v. McClung   The Alabama Supreme Court recently issued an opinion reversing a trial court’s order that modified the payment structure for costs in relation to an arb…

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  • 30
  • Aug
  • 2011

The Medicare Secondary Payer Charitable Foundation Announces Free Professional Medicare Set Aside Administration for Qualified Beneficiaries

The Medicare Secondary Payer Charitable Foundation(MSPCF), a not-for-profit organization, recently announced that it will provide free professional Medicare Set Aside (MSA) Admini…

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  • 24
  • Aug
  • 2011

Theory of Continuing Accrual Not Recognized By Court in Conditional Payment Reimbursement Claims

 Here is an update to the matter of United States v. Stricker which we first covered on the blawg ten months ago: In this case, the Government alleged that 907 recipients of the …

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