Alabama Workers' Comp Blawg

  • 24
  • Mar
  • 2011

Physical Injury to Other Body Parts not Necessary to Remove from Schedule

The Alabama Supreme Court released its opinion in Ex parte Thomas Hayes (In re: Vintage Pharmaceuticals, LLC v. Thomas Hayes) on March 18, 2011, holding that an injured worker wil…

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  • 02
  • Mar
  • 2011

Employer Ordered to Continue to Pay Medical Benefits Despite Settlement of Same Where CMS Declines to Accept Proposed MSA Trust Allocation

ArvinMeritor, Inc. v. Clifton Johnson: On February 25, 2011, the Alabama Court of Civil Appeals released an opinion concerning the responsibilities of an employer when CMS fails t…

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  • 18
  • Feb
  • 2011

Special Employer Protected by Exclusive Remedy Doctrine

On February 18, 2011, the Alabama Court of Civil Appeals released its opinion in Ex parte Salvation Army (In re: Roy Williams v. First Choice Personnel, LLC and The Salvation Army…

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  • 02
  • Feb
  • 2011

Alabama Court of Civil Appeals Reverses Finding of Employer-Employee Relationship

On January 28, 2011 the Court of Civil Appeals released its opinion in Susan Schein Chrysler Dodge v. Rushing wherein it addressed the issue of whether an injured worker was an em…

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  • 30
  • Jan
  • 2011

2011 Mileage Reimbursement Rate

2011 Alabama Standard Mileage Reimbursement Rate: Effective January 1, 2011, the standard mileage reimbursement rate for Alabama was increased to 51 cents per mile.

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  • 29
  • Dec
  • 2010

Psych can be Pain Exception for Scheduled Injury

On December 17, 2010 the Court of Civil Appeals released its opinion in Caseco, LLC. v. Dingman. The Court of Civil Appeals addressed the Last-Injurious-Exposure Rule and a psycho…

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  • 13
  • Dec
  • 2010

Pain Must Reach Disabling Levels To Move Injury Outside of Schedule

 On Friday the Alabama Court of Civil Appeals released an opinion concerning a workers’ compensation case involving an employee who had injured her foot and claimed that, due to t…

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  • 19
  • Nov
  • 2010

Retaliatory Discharge Claim Survives Plaintiff's Death

Gibson v. Staffco L.L.C.:   On October 11, 2010, the Alabama Court of Civil Appeals released an opinion dealing with the survivability of a workers’ compensation retaliatory di…

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  • 03
  • Nov
  • 2010

Alabama Supreme Court Affirms Retaliatory Discharge Bench Verdict in Favor of Employee

Ex parte Ray Keith Wood: On Friday October 29, 2010, the Supreme Court of Alabama handed down a decision concerning retaliatory discharge in a workers’ compensation claim. The emp…

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  • 29
  • Oct
  • 2010

Verdict for Employee Reversed due to Notice and Statute of Limitations Violations

City of Gadsden v. Lawrence Scott: On October 29, 2010, the Alabama Court of Civil Appeals released this opinion wherein it considered whether or not the employee proved by clear …

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  • 15
  • Oct
  • 2010

NY Judge Grants Discovery of Facebook and Myspace Postings

 Acting Justice Jeffrey Arlen Spinner has ruled that a plaintiff must give a defendant access to private postings from two social networking sites that could contradict claims s…

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  • 05
  • Oct
  • 2010

Government Loses in MSPA Claim - US v. Stricker

 United States v. Stricker In this case, the Government alleged that 907 recipients of the Abernathy settlement (a “global settlement” of $300 million) received Medicare payments…

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  • 01
  • Oct
  • 2010

Court of Civil Appeals Upholds Ruling on Medical Causation and Health Insurance Premium Reimbursement

Grund v. American Trim, LLC: On September 17, 1010, the Alabama Court of Civil Appeals upheld the Cullman Circuit Court’s decision to deny workers’ compensation benefits based on …

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  • 28
  • Sep
  • 2010

RICO Not an Exception to the Exclusive Remedy Provision in Michigan

Brown v. Cassens Transport Co. As previously discuss in our Blawg, the Federal District Court in Michigan was presented with a RICO claim based on the actions of the employer, ins…

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  • 16
  • Sep
  • 2010

Employers Cannot Expressly Limit Authorized Doctor's Ability to Make a Referral

Ex parte City of Prattville: On September 10, 2010, the Alabama Court of Civil Appeals considered the issue of whether an employer can limit an authorized treating physician’s abi…

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  • 11
  • Sep
  • 2010

Retaliatory Discharge Claim May Proceed to Arbitration

Dillard’s Inc. v. Kenneth Gallups: On September 10, 2010, the Alabama Court of Civil Appeals released this opinion in which it considered whether a retaliatory discharge claim (th…

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  • 11
  • Sep
  • 2010

Asthma Attacks Or Similar Conditions Can be Occupational Disease or Accidental Injury

Williams v. Valley View Health and Rehabilitation, LLC On September 10, 2010, the Court of Appeals released this opinion wherein it reversed the Trial Court’s grating of Summary J…

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  • 29
  • Aug
  • 2010

Evidence Supports Finding of New Injury Rather Than Recurrence of Previous Injury

On August 27, 2010, the Court of Civil Appeals released their opinion in the Water Works Board of the City of Birmingham v. Allan Isom, affirming the trial court’s decision that t…

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  • 24
  • Aug
  • 2010

Another Successful Defense Against Retaliatory Discharge Claim

An Etowah Count Jury returned a defense verdict in a retaliatory discharge claim on September 30, 2009. At trial, the evidence revealed that the employee was working for a lawn se…

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  • 23
  • Aug
  • 2010

Alabama Court of Civil Appeals Considers Matter Involving Last Injurious Exposure Rule

Jeff White v. HB&G Building Products, Inc.; On August 20, 2010, the Alabama Court of Civil Appeals considered a matter involving the Last Injurious Exposure Rule. This rule de…

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