Alabama Workers' Comp Blawg

  • 31
  • Jul
  • 2009

ALLEGING THAT OTHER EMPLOYEES DID IT DOES NOT ESTABLISH THAT THE EMPLOYER APPLIED POLICES IN A DISCRIMINATORY MANNER IN A RETALIATORY DISCHARGE CASE

Black Creek, Inc. v. Ray Keith Wood On July 31, 2009, the Court of Appeals reversed the trial court’s ruling in favor of the plaintiff’s retaliatory discharge claim based on his f…

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  • 22
  • Jul
  • 2009

IF YOU REFUSE YOU LOSE

Do you have any claims where the claimant is asserting that she is permanently and totally disabled but she has refused a recommended surgical procedure? If so, then you may be ab…

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  • 18
  • Jul
  • 2009

AWW CALCULATION AND PERMANENT AND TOTAL AWARD AFFIRMED

(Note: This opinion was withdrawn and a new opinion was released on January 29, 2010.  See blawg summary dated January 30, 2010) G.A. West & Company v. Ricky McGhee: On July 1…

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  • 02
  • Jul
  • 2009

FINDING OF CAUSATION IN STROKE CASE REVERSED

Dollar General Corporation v. Patricia Nelson: On July 2, 2009, the Alabama Court of Civil Appeals released this opinion in which it reversed the trial court’s finding that the em…

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  • 29
  • Jun
  • 2009

TRUCK DRIVERS PHYSICAL STRESS AND GRADUAL DETERIORATION VERDICT IS REVERSED A SECOND TIME

KGS Steel, Inc. v. Donald McInish:    On June 26, 2009, the Alabama Court of Civil Appeals considered the trial court’s finding of medical causation for a second time.  In the cas…

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  • 19
  • Jun
  • 2009

THE FIGHT CONTINUES AGAINST THE FEDERALIZATION OF WORKERS' COMPENSATION

As was previously discussed on the blawg (http://www.alabamaworkerscompblawg.com/template_permalink.asp?id=144 ) work continues in Congress in opposition to the possible federaliz…

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  • 19
  • Jun
  • 2009

SUMMARY JUDGMENT FOR EMPLOYER ON RETALIATORY DISCHARGE CLAIM IS AFFIRMED

Christopher Hatch v. NTW Incorporated, d/b/a/ National Tire and Battery Company: On June 19, 2009, the Alabama Court of Civil Appeals affirmed the trial court’s Order granting the…

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  • 17
  • Jun
  • 2009

NCOIL TO CONSIDER EMPLOYEE MISCLASSIFICATION WORKERS COMPENSATION COVERAGE MODEL ACT

The National Conference of Insurance Legislators (NCOIL) will consider a working draft of the Employee Misclassification Workers' Compensation Coverage Model Act, as sponsored by …

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  • 16
  • Jun
  • 2009

POOR ECONOMY EQUALS MORE FRAUD

In a recent article in the Insurance Journal, it was noted that the economic downturn has resulted in a rise in workers’ compensation fraud. According to a senior special agent fo…

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  • 06
  • Jun
  • 2009

TRIAL COURT CANNOT LIBERALLY CONSTRUE A SETTLEMENT AGREEMENT AGAINST THE EMPLOYER

Matthew’s Masonry Company v. Edward Aldridge, Jr.: On June 5, 2009, the Alabama Court of Civil Appeals considered the trial court’s interpretation of certain settlement language f…

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  • 27
  • May
  • 2009

REPRESENTATIVE TANNER REINTRODUCES WC MEDICARE SET-ASIDE REFORM

Representative John Tanner, of Tennessee’s 8th Congressional District, recently reintroduced the Medicare Secondary Payer and Workers’ Compensation Settlement Agreements Act of 20…

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  • 24
  • May
  • 2009

SUPREME COURT DENIES PETITION BUT ADDRESSES AUTHORIZED TREATING PHYSICIANS

Ex parte Travis C. Aderhold (In re: Massey Chevrolet, Inc. v. Travis C. Aderhold): On May 22, 2009, the Alabama Supreme Court denied a petition for writ of certiorari filed by the…

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  • 15
  • May
  • 2009

RICO CASE GOES TO SUPREME COURT

Brown v. Cassens Transport Co., et al., 546 F.3d 347 (6th Cir. 2008)(NO. 05-2089): A short summary of this case was previously provided in this blawg on October 29th. At that time…

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  • 11
  • May
  • 2009

TRIAL COURT CANNOT COMPEL PAYMENT FOR MEDICAL TREATMENT BEFORE DETERMINATION OF COMPENSABILITY

In re: Randall Paul v. Sunbelt Transport: In this opinion released on May 8, 2009, the Alabama Court of Civil Appeals considered whether a trial court could compel payment for med…

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  • 11
  • May
  • 2009

EVIDENCE RELATING HIP INJURY TO COMPENSABLE KNEE INJURY HELD INSUFFICIENT

Walmart Stores, Inc v. Marilyn Orr: In this opinion, released on May 8, 3009, the Alabama Court of Civil Appeals considered a case wherein the trial court held the employee to be …

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  • 11
  • May
  • 2009

CANNOT USE FRIENDS TO ACCESS FACEBOOK AND MYSPACE PAGES

In a March advisory opinion, the Philadelphia Bar Association stated that it is unethical to gain access to a witness’ social networking web site by using a "friend" not affiliate…

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  • 27
  • Apr
  • 2009

NOTICE OF ORIGINAL SYMPTOMS SUFFICIENT EVEN WHEN SYMPTOMS MANIFEST THEMSELVES INTO SUBSEQUENT INJURY DATE

Francis Powell Enterprises, Inc. v. Andrews: On April 24, 2009, the Alabama Court of Civil Appeals released a twenty-four (24) page opinion which covered numerous issues. Due to t…

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  • 27
  • Apr
  • 2009

FOLLOW UP TO SB 381 AFFECTING COLLATERAL ESTOPPEL DEFENSE IN RETALIATORY DISCHARGE CASES

  SB 381, by Sen. Quinton Ross (D) of Montgomery, was previously mentioned on the blawg here at http://www.alabamaworkerscompblawg.com/template_permalink.asp?id=133. This bill …

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  • 20
  • Apr
  • 2009

UNEXPLAINED FALLS ARE NOW CONSIDERED COMPENSABLE

Lana Brown v. Korner Store: On April 17, 2009, The Alabama Court of Civil Appeals considered whether or not an unexplained fall satisfies the "arising out of" part of the test for…

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  • 20
  • Apr
  • 2009

MILEAGE FOR ONE ROUND TRIP TO PHARMACY NOW REIMBURSABLE

The Alabama Workers' Compensation Code does not provide for the reimbursement of mileage for trips to and from the pharmacy.  However, the Alabama Department of Industrial Relatio…

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