- 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…
Read More- 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…
Read More- 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…
Read More- 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…
Read More- 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…
Read More- 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 …
Read More- 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…
Read More- 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…
Read More- 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 …
Read More- 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…
Read More- 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…
Read More- 20
- Apr
- 2009
NEW BILL IS FIRST STEP TOWARDS FEDERALIZATION OF WORKERS' COMPENSATION
Democratic Congressman Joe Baca from California has introduced a bill to the 111th Congress hoping to establish a commission to evaluate state workers’ compensation laws. The comm…
Read More- 08
- Apr
- 2009
CMS TO INDEPENDENTLY PRICE AND CALCULATE FUTURE PRESCRIPTION DRUG TREATMENT
On April 3, 2009, the Centers for Medicare and Medicaid Services (CMS) issued a formal memorandum stating that it will start independently pricing future prescription drug treatme…
Read More- 07
- Apr
- 2009
EMPLOYEE CAN REFUSE PSYCH TREATMENT AND STILL BE CONSIDERED PERMANENTLY AND TOTALLY DISABLED
Ex Parte Saad’s Healthcare Services, Inc.: On April 3, 2009, the Alabama Supreme Court released this opinion which addressed a trial court’s ability to find an employee permanentl…
Read More- 25
- Mar
- 2009
POSSIBLE DEFENSE ATTORNEY IMMUNITY TO CMS LIABILITY
Here is an update to ”http://www.alabamaworkerscompblawg.com/template_permalink.asp?id=118” a post made late last year about the Protocols v. Leavitt case. In this case a company …
Read More- 21
- Mar
- 2009
DOCTOR SUED FOR RELEASING MEDICAL RECORDS TO EMPLOYER
Louis Frank Hollander, Jr. v. Raymond Lee Nichols: On March 20, 2009, the Alabama Supreme Court released this opinion concerning a case wherein an employee sued the authorized tre…
Read More- 20
- Mar
- 2009
YOU CAN DENY THE CLAIM WHILE MAINTAINING CONTROL OF THE MEDICAL BENEFITS
The case of Fluor Enterprises, Inc., d/b/a Fluor Signature Services v. Darrell Lawshe was previously reported in this blawg on February 6, 2009. This case put employers, insurers,…
Read More- 06
- Mar
- 2009
PERMANENT AND TOTAL AWARD FOR SHOULDER UPHELD
Waters Brothers Contracting, Inc. v. Wimberly: On March 6, 2009, the Alabama Court of Civil Appeals affirmed the trial court’s decision to award permanent and total benefits for a…
Read More- 02
- Mar
- 2009
NEW BILL (SB 381) AFFECTING COLLATERAL ESTOPPEL DEFENSE IN RETALIATORY DISCHARGE CASES INTRODUCED IN 2009 SESSION OF ALABAMA LEGISLATURE
One of the easiest ways for an employer to defeat a retaliatory discharge claim is by asserting the defense of collateral estoppel. Specifically, if the employee files for unemplo…
Read More- 26
- Feb
- 2009
CMS PURSUES RECOVERY DIRECTLY AGAINST ATTORNEY
United States of America v. Paul J. Harris, United States District Court, Northen District of West Virginia, Civil Action No. 5:08CV102: In this pending case, the U.S. government …
Read More
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