Alabama Workers' Comp Blawg

  • 13
  • Aug
  • 2010

Court of Civil Appeals Sets Forth Standard of Proof for Causation in Death Case

Karen Harris v. Russell Petroleum Corporation: On August 6, 2010 the Alabama Court of Civil Appeals set out the standard of proof when dealing with the medical cause of successive…

Read More
  • 13
  • Aug
  • 2010

Another View of the Facts Does Not Support a Reversal

  Shadescrest Health Care Center v. Holloway Released August 6, 2010 The Alabama Court of Civil Appeals opined that just because there are two possible ways to view the facts do…

Read More
  • 02
  • Aug
  • 2010

Court of Appeals Reverses Summary Judgment Due to Evidence of Exceptions to Going and Coming Rule

Michael Chad McDaniel v. Helmerich & Payne International Drilling Company: On July 30, 2010 the Alabama Court of Civil Appeals reversed a summary judgment based on the "going …

Read More
  • 25
  • Jul
  • 2010

Permanent and Total Award Reversed Where Causation Not Proven by Substantial Evidence

W.A. Kendall & Company, Inc. v. Ryan Madison: On July 23, 2010, the Alabama Court of Civil Appeals reversed a verdict in favor of the plaintiff for permanent and total disabil…

Read More
  • 25
  • Jul
  • 2010

Evidence of Earning Capacity Loss Held Inadmissible and Apportionment of Preexisting Conditions Not Allowed

Joseph Grace v. Standard Furniture Manufacturing Company, Inc.: On July 23, 2010, the Alabama Court of Civil Appeals released this opinion wherein it affirmed the trial court to t…

Read More
  • 14
  • Jul
  • 2010

Claimants Must Continue to Satisfy Arising Out of Test

On April 17, 2009, the Court of Civil Appeals released its opinion in Lana Brown v. Patsy Patton d/b/a Korner Store. You can find a summary of the holding on our Blawg under the c…

Read More
  • 09
  • Jul
  • 2010

Using Arbitration Forums Special Arbitration Agreement to Efficiently Subrogate Small Claims

In cases where a worker is injured by a third party’s wrongdoing the workers’ compensation insurance carrier is entitled to recover a portion of the benefits it pays out from th…

Read More
  • 06
  • Jul
  • 2010

Is it Necessary to Secure a Separate HIPAA Release to Disperse Records to an Expert Witness?

Although workers' compensation matters are exempted from HIPAA, it is a regular practice to have the claimant sign HIPAA releases so that the employer's attorney can review all of…

Read More
  • 01
  • Jul
  • 2010

A Jury Can Make a Difference

An often overlooked section of the Alabama Workers’ Compensation Act is the right to a jury trial. Factual and legal issues for workers’ compensation cases are typically resolved …

Read More
  • 22
  • Jun
  • 2010

Workers Compensation Rate Changes Effective July 1, 2010

Birmingham, AL - On May 27, 2010, in accordance with the provisions of Section 25-5-68(c), Code of Alabama, 1975, as last amended, the Director of Industrial Relations determined …

Read More
  • 22
  • Jun
  • 2010

Going In-Depth with the Laws Governing Injured Oil Spill Workers Claims

As we mentioned in our previous post, injured workers’ claims arising out of the oil spill cleanup will be governed by three sets of laws: the Jones Act, the Longshore and Harbor …

Read More
  • 22
  • Jun
  • 2010

Alabama Court of Appeals Says Don't Go Changing

Ex parte Siemag The Alabama Court of Civil Appeals denied a petition for a writ of mandamus (to compel the lower court to reverse itself) sought by two defendant corporations that…

Read More
  • 17
  • Jun
  • 2010

CMS New Policy Changes Announced in May 2010 Memo

CMS’ new policy memorandum addresses the separate issues of (a) off label and/or unlabeled outpatient drug uses and (b) rated ages in relation to the agency’s Workers’ Compensat…

Read More
  • 14
  • Jun
  • 2010

OIL SPILL LIKELY TO LEAD TO FUTURE WORKERS COMPENSATION CLAIMS

On April 20, 2010, Transocean’s Deepwater Horizon drilling rig exploded, leading to 1.3 million gallons of crude oil leaking into the Gulf of Mexico per day. By comparison, the Ex…

Read More
  • 11
  • Jun
  • 2010

UNITED STATES DISTRICT COURT DISMISSES RICO CLAIM

Jackson v. Sedgwick Claims Management Services, Inc., No. 09-11529 (E.D. Mich. 03/11/10): A U.S. District Court (Eastern District of Michigan) recently determined that an alleged …

Read More
  • 11
  • Jun
  • 2010

TRIAL COURT REVERSED ON ORDER FOR PANEL OF FOUR BUT AFFIRMED ON NOTICE AND CAUSATION ISSUES

Equity Group – Alabama Division d/b/a Keystone Foods v. Rodney DeWayne Harris: On June 4, 2010, the Alabama Court of Civil Appeals released this opinion wherein it affirmed the Tr…

Read More
  • 08
  • Jun
  • 2010

NEW YORK PASSES ANTI WORKPLACE BULLYING STATUTE

  On May 12, the New York State Senate passed a bill allowing workers to sue their employers for any harm suffered by “workplace bullying.”  The bill defines bullying broadly and …

Read More
  • 09
  • May
  • 2010

RETALIATORY DISCHARGE VERDICT REVERSED

M & J Materials, Inc. v. Isbell: On May 7, 2010, the Alabama Court of Civil Appeals released this opinion wherein it reversed the trial court’s decision to deny the employer’s…

Read More
  • 16
  • Apr
  • 2010

HOUSE BILL REGARDING CAP AND SCHEDULE DEAD IN THE WATER

According to the Alabama Self Insured Association, House Bill 21 which proposed lifting the $220 cap and weakening the schedule limitation was killed in the House Commerce Committ…

Read More
  • 02
  • Apr
  • 2010

HOUSE BILL REGARDING CAP AND SCHEDULE PROBABLY DEAD FOR THIS SESSION

House Bill 21 which proposes lifting the $220 cap and weakening the schedule limitation will not likely be reached in this legislative session. According to the Alabama Self Insur…

Read More



Follow and connect with us!