Alabama Workers' Comp Blawg

  • 31
  • Mar
  • 2010

VIOLATION OF A SAFETY RULE NOT ALWAYS WILLFUL MISCONDUCT

McWane, Inc. v. McClurg; released 3/26/2010  The Alabama Court of Civil Appeals outlined what is required to prevail when asserting the defense of willful misconduct. The Court he…

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  • 31
  • Mar
  • 2010

WHEN REFUSAL WILL STOP ENTITLEMENT TO BENEFITS

McWane, Inc. v. McClurg; released 3/26/2010 The Court of Appeals addressed three separate issues related to an employee’s refusal resulting in benefits being stopped during the pe…

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  • 26
  • Mar
  • 2010

EMPLOYER PREVAILS IN RICO CLAIM AGAINST EMPLOYEES

On March 14th, 2010 a federal judge entered a default judgment for the amount of $2,264,690.68 against 86 workers’ compensation claimants in a Racketeer Influenced and Corrupt Org…

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  • 23
  • Mar
  • 2010

TRIAL COURT DECISION TO REMOVE LEFT HAND INJURY FROM SCHEDULE IS REVERSED

G.UB.MK Constructors v. Howard Lee Davis: On March 19, 2010, the Alabama Court of Civil Appeals released this opinion wherein it reversed the trial court’s decision to remove a ha…

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  • 18
  • Mar
  • 2010

HIGH STANDARD FOR PAIN TO TAKE INJURY OUT OF SCHEDULE

Norandal U.S.A. Inc. v. Graben released 3/12/2010 This was the second time Norandal U.S.A. Inc. v. Graben came before the Court of Appeals. A summary of the previous holding is lo…

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  • 16
  • Mar
  • 2010

EMPLOYER WINS RETALIATORY DISCHARGE CLAIM ON APPEAL

Black Creek, Inc. v. Ray Keith Wood: On March 12, 2010, the Alabama Court of Civil Appeals released this opinion wherein it reversed a denial of a motion for a judgment as a matte…

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  • 16
  • Mar
  • 2010

PLAINTIFF WINS RETALIATORY DISCHARGE CLAIM BUT IS AWARDED NO DAMAGES

Early last year in the Circuit Court of Etowah County, the trial judge entered judgment in favor of a plaintiff in her retaliatory discharge claim but awarded her no compensatory …

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  • 14
  • Mar
  • 2010

PTSD HELD NOT TO BE A OCCUPATIONAL DISEASE IN ABSENCE OF PHYSICAL INJURY

Robert Cocking v. City of Montgomery: On March 12, 2010, the Alabama Court of Civil Appeals considered the issue of whether Post Traumatic Stress Disorder ("PTSD") was compensable…

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  • 14
  • Mar
  • 2010

TAKING CONTROL OF DOCTOR REFERRALS

Recently, a client of this law firm was presented with a situation where the authorized treating physician made a referral to a specific pain management facility. Our client felt …

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  • 14
  • Mar
  • 2010

TAKING CONTROL OF DOCTOR REFERRALS

Recently, a client of this law firm was presented with a situation where the authorized treating physician made a referral to a specific pain management facility. Our client felt …

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  • 14
  • Mar
  • 2010

TAKING CONTROL OF DOCTOR REFERRALS

Recently, a client of this law firm was presented with a situation where the authorized treating physician made a referral to a specific pain management facility. Our client felt …

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  • 09
  • Mar
  • 2010

SEPARATION OF PHYSICIAN AND SURGEON

Ex parte Nicholas Kish: On March 5, 2010, the Court of Civil Appeals granted a Writ of Mandamus ordering the Trial Court to grant the employees Motion to Compel a panel of four su…

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  • 08
  • Feb
  • 2010

PROPOSED REMOVAL OF $220 CAP AND SCHEDULE LIMITATION

The Legislators are at it again. Democratic Representative Joseph Mitchell, of Mobile has introduced HB 21 in the 2010 session that would seek to remove the $220 cap on weekly ben…

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  • 08
  • Feb
  • 2010

BIFURCATION CAN RESULT IN AN EARLY FINAL APPEALABLE ORDER

Belcher-Robinson Foundry, LLC v. Narr: On January 29, 2010, the Alabama Court of Civil Appeals released this opinion wherein it considered whether or not an Order regarding a bifu…

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  • 08
  • Feb
  • 2010

BIFURCATION CAN RESULT IN AN EARLY FINAL APPEALABLE ORDER

Belcher-Robinson Foundry, LLC v. Narr On January 29, 2010, the Alabama Court of Civil Appeals released this opinion wherein it considered whether or not an Order generated as the…

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  • 30
  • Jan
  • 2010

COURT WITHDRAWS PRIOR OPINION AND RELEASES NEW OPINION CONCERNING AWW AND PERMANENT AND TOTAL AWARD

(Note: The Alabama Court of Civil Appeals withdrew its opinion of July 17, 2009 and substituted it with the opinion summarized below) G.A. West & Co. v. Ricky McGhee:  On Janu…

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  • 27
  • Jan
  • 2010

MEDICARE TAKING AGGRESSIVE STAND ON RECOVERY OF CONDITIONAL PAYMENTS

In December of 2009, Medicare filed a lawsuit in the U.S. District Court for the Northern District of Alabama seeking to recover conditional payments it made to medical providers …

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  • 17
  • Jan
  • 2010

SHELBY COUNTY JURY RETURNS $300,000.00 VERDICT IN RETALIATORY DISCHARGE CASE

James Nichols v. Material Delivery Services, Inc.: On January 15, 2009, a Shelby County jury returned a verdict against an employer and assessed $75,000.00 in compensatory damages…

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  • 17
  • Jan
  • 2010

ALABAMA SUPREME COURT TO CONSIDER WHETHER UNEXPLAINED FALLS ARE COMPENSABLE

Lana Brown v. Korner Store: On April 17, 2009, the Alabama Court of Civil Appeals released an opinion which had the affect of dispensing with the "arising out of" part of the two …

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  • 12
  • Jan
  • 2010

PAYING FULL WAGES MAY TOLL STATUTE OF LIMITATIONS

Marvin Jackson v. Delphi Automotive Systems: On January 8, 2010, the Alabama Court of Civil Appeals released this opinion wherein it considered the Statute of Limitations defense.…

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