Alabama Workers' Comp Blawg

  • 20
  • Aug
  • 2011

The Pain Exception to a Scheduled Injury is Exceptionally High

On August 19, 2011 the Alabama Court of Civil Appeals released its second opinion in the matter styled G.UB.MK Constructors v. Davis, which was previously remanded to the trial co…

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  • 05
  • Aug
  • 2011

Employer Not Required to Rely on Misrepresentation of Prior Condition in Order to Prevail on Affirmative Defense

On August 5, 2011, the Alabama Court of Civil Appeals released its decision in the case of Cascaden v. Winn-Dixie Montgomery, LLC. The appellate Court affirmed the ruling of the C…

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  • 21
  • Jul
  • 2011

2011 Mileage Reimbursement Rate Mid Year Update

Effective July 1, 2011, the standard mileage reimbursement rate for Alabama was increased to 55.5 cents per mile.

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  • 01
  • Jul
  • 2011

Blood Clot Deemed Compensable in New Jersey

An appellate court in New Jersey recently affirmed a ruling that the widower of an obese woman was entitled to workers’ compensation benefits after she died at her desk from a blo…

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  • 29
  • Jun
  • 2011

The Genetic Information Non-Discrimination Act of 2008

The Genetic Information Non-Discrimination Act of 2008 (GINA), was enacted in May 2008 and became effective in November 2009. Essentially GINA forbids employers from intentionally…

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  • 28
  • Jun
  • 2011

New Evidence May Be Introduced to Determine AWW on Remand from Appellate Court

This is an update on the matter of G.A. West & Co. v. Ricky McGhee which we discussed previously here and here. Previously, the Court of Civil Appeals reversed and remanded th…

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  • 20
  • Jun
  • 2011

The Exclusivity Provisions of the Act Apply to An Employers Tortious Conduct Committed Within the Bounds of the Employers Proper Role

On June 17, 2011, the Alabama Court of Civil Appeals released its decision in Hudson v. Renosol Seating, LLC. In December 2008, approximately 90 workers at an automobile seating m…

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  • 20
  • Jun
  • 2011

AIGA Reimbursement Claims Subject to Six Year Statute of Limitations

The Alabama Court of Civil Appeals recently considered a case where the Alabama Insurance Guaranty Association ("AIGA") sought reimbursement for money paid out to cover a workers’…

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  • 16
  • Jun
  • 2011

A Tustle Down Under Considered Compensable

 A strange set of facts was recently presented to a workers’ compensation Magistrate in Melbourne, Australia.  The injured employee in this case was Matthew Styles, a manager at t…

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  • 14
  • Jun
  • 2011

Workers Compensation Rate Change Effective July 1, 2011

Beginning July 1, 2011, the maximum workers’ compensation payable will be $755.00 per week and the minimum compensation will be $208.00 per week. This change is based on the Direc…

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  • 10
  • Jun
  • 2011

Alabama Legislature Adopts Daubert Scientific Evidence Standard

Governor Bentley signed Senate Bill 187 into law on June 9, 2011. The law replaces the Frye standard with the federal expert witness rule known as the Daubert standard. Frye, whic…

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  • 26
  • May
  • 2011

CMS Reiterates and Clarifies Its Policy Regarding Workers Compensation Medicare Set Aside Proposal Review Thresholds

The Centers for Medicare and Medicaid Services (CMS) has released a new policy memorandum dated May 11, 2011 (May 11, 2011 memo) pertaining to workers’ compensation Medicare Set A…

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  • 13
  • May
  • 2011

Dog Killer Awarded Workers Compensation Benefits For Post Traumatic Stress Disorder

An employee of a popular tour company in British Columbia, Canada recently prevailed on his claim for workers’ compensation benefits for post traumatic stress disorder after he wa…

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  • 10
  • May
  • 2011

A Specific Purpose Doctor Cannot Make Referrals for Treatment that Fall Outside that Specific Purpose

On May 6, 2011, the Alabama Court of Civil Appeals released its decision in Ex parte Imerys USA, where it held that a referral by an authorized treating physician to another treat…

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  • 27
  • Apr
  • 2011

Driving Distracted Should be a Safety Rule Violation

It may come as a surprise to many, but driving while using a cell phone delays a driver’s reaction time as much as a blood alcohol concentration of 0.08 percent, the highest legal…

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  • 22
  • Apr
  • 2011

Alabama Supreme Court Upholds Two Part Causation Test

Ex Parte Patsy Patton d/b/a Korner Store: On April 22, 2011, the Alabama Supreme Court released one of the most anticipated and important workers’ compensation opinions in recent …

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  • 20
  • Apr
  • 2011

Alabama Court of Appeals Reverses Trial Court Finding of Employment Relationship

Susan Schein Chrysler Dodge, Inc. v. Rushing: On April 15, 2011, the Alabama Court of Civil Appeals released an opinion wherein it reversed a trial court’s finding of an employer/…

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  • 18
  • Apr
  • 2011

Merely Having Your Product Sold in a County Does Not Constitute Doing Business By Agent for Purposes of Venue

Ex Parte Tyson Chicken, Inc On April 15, 2011 the Supreme Court released its opinion granting a Petition for Writ of Mandamus filed by Tyson Chicken concerning their Motion to Tra…

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  • 02
  • Apr
  • 2011

Employee Mauled By Bear After Smoking Pot Wins Workers' Compensation Benefits

In Montana, the state supreme court upheld a Workers’ Compensation Court ruling that a man who was mauled while feeding the bears at a local tourist attraction is eligible for wor…

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  • 25
  • Mar
  • 2011

Alabama Court of Civil Appeals Affirms Retaliatory Discharge Verdict in favor of Employee

Black Creek , Inc. v. Woods The Alabama Court of Civil Appeals affirmed the Etowah County Circuit Court’s ruling in a retaliatory discharge lawsuit with no opinion in Black Creek …

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