Alabama Workers' Comp Blawg

  • 05
  • May
  • 2022

The Alabama Exception to the Schedule that is not an Exception

In somewhat of a revelation, I learned today that there are not 3 exceptions to the schedule. Not only have I firmly believed that to be the case, I taught others on the subject.…

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  • 15
  • Apr
  • 2022

How to Know When you Need an Interpreter

The Tennessee Bureau of Workers’ Compensation recently adopted a set of guidelines to be utilized when an interpreter is used in a court proceeding. Personally, I have used an …

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  • 12
  • Jan
  • 2022

Don’t Miss the February 28, 2022 Deadline to Join the Alabama Workers’ Compensation Organization

February 28, 2022 is the deadline for discounted AWCO membership registration that includes a free conference. Registration will close at 5:00 pm CST. If you have not registere…

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  • 12
  • Jan
  • 2022

SUPREME COURT ADOPTS PERMANENT RULE REGARDING WORKERS’ COMPENSATION SETTLEMENTS

On December 30, 2021, the Supreme Court of Alabama adopted Rule 47 of the Alabama Rules of Judicial Administration, providing that a Circuit Court shall dismiss any pending actio…

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  • 12
  • Jan
  • 2022

2022 Alabama Mileage Reimbursement Rate Update

Effective January 1, 2022, the mileage reimbursement rate for Alabama is 58.5 cents per mile, a 2.5 cent increase from 2021. About the Author This blog submission was prepared …

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  • 12
  • Jan
  • 2022

Alabama’s Exclusivity Doctrine Fails to Protect Employer from Wrongful Death Claim Following Employee’s Fatal Heart Attack at Work

The Alabama Supreme Court recently denied a petition filed by Walmart for a Writ of Mandamus. The petition was filed as the result of the trial court denying Walmart’s motion fo…

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  • 27
  • Oct
  • 2021

Alabama Supreme Court Pandemic Emergency Response Orders Extended Through End of December 2021

On October 27, 2021, the Alabama Supreme Court issued Administrative Order No. 14, which extended its previous orders concerning workers’ compensation settlements. This means that…

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  • 24
  • Sep
  • 2021

In Alabama, Continued Pain After One Workers’ Compensation Injury Does Not Necessarily Equate To A Recurrence

In Alabama, Continued Pain After One Workers’ Compensation Injury Does Not Necessarily Equate To A Recurrence On September 17, 2021, the Alabama Court of Civil Appeals ruled on a…

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  • 24
  • Aug
  • 2021

Alabama Supreme Court Declares Temporary State of Emergency and Authorizes Video Trials in Place of In-Person Bench Trials

  On August 22, 2021, the Alabama Supreme Court issued Administrative Order No. 13, which declared a temporary state of emergency for the entire Judicial Branch of the State o…

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  • 10
  • Aug
  • 2021

Alabama Supreme Court Addresses Qualified Immunity of Commercial Truck Driver and Exclusivity Doctrine Protection for Trucking Company

  The Alabama Supreme Court recently released its opinion in Jackson v. Voncille Allen and Penn Tank Lines, Inc. The plaintiff, Patrick Jackson, was riding in the passenger se…

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  • 30
  • Jul
  • 2021

Alabama Supreme Court Pandemic Emergency Response Orders Extended Through End of October 2021

  On July 28, 2021, the Alabama Supreme Court issued Administrative Order No. 12, which extended its previous orders concerning workers’ compensation settlements. This means t…

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  • 30
  • Jul
  • 2021

Injuries Resulting from Feuding Alabama Lawn Care Crew Ruckus Deemed Not Compensable

  On July 30, 2021, the Alabama Court of Civil Appeals released an opinion in Kevin Patrick v. Mako Lawn Care, Inc. wherein it addressed the compensability of an assault by a …

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  • 16
  • Jul
  • 2021

Presiding Judge of Alabama County Enters a Second Virtual Court Proceeding Order

  On July 15, 2021, the presiding judge of the 10th Judicial Circuit of Alabama, Jefferson County, entered an Administrative Order which extended the previously entered Order …

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  • 30
  • Jun
  • 2021

Alabama Workers’ Compensation Rate Change Effective July 1, 2021

As of July 1, 2021, the maximum workers’ compensation payable is increased to $983.00 per week and the minimum is increased to $270.00 per week. The memorandum regarding the new m…

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  • 08
  • Jun
  • 2021

Alabama Co-Employee Willful Conduct Claims Remain Difficult to Prove

  In exchange for providing no fault workers’ compensation insurance, Alabama employers are afforded the protections of the Exclusivity Doctrine. While this doctrine serves to…

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  • 13
  • May
  • 2021

Alabama Appellate Court Reverses Summary Judgment in Favor of Employer

  The Alabama Court of Civil Appeals recently released an opinion in In re: Laura Register v. Outdoor Aluminum, Inc. wherein it reversed summary judgment in favor of the emplo…

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  • 30
  • Apr
  • 2021

Alabama Department of Labor and Department of Insurance Licensing Requirements for Workers' Compensation Lost Time Claims Handlers

  The Alabama Department of Labor (ADOL) requires all people handling lost time workers’ compensation claims to complete 8 hours of Continuing Education (CE) per calendar year…

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  • 29
  • Apr
  • 2021

Alabama Supreme Court Pandemic Emergency Response Orders Extended Through End of July 2021

  On April 28, 2021, the Alabama Supreme Court issued Administrative Order No. 10 which extended its previous orders concerning workers’ compensation and taking witness testim…

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  • 07
  • Apr
  • 2021

April is Distracted Driver Awareness Month

  Ten years ago, we posted a blog article entitled Driving Distracted Should be a Safety Rule Violation.  Since that time, this deadly roadway epidemic has only gotten worse. …

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  • 26
  • Feb
  • 2021

Alabama Workers’ Compensation Act Provides Sole Remedy for Late Indemnity Payments

  On February 26, 2021, the Alabama Court of Civil Appeals released its opinions concerning three petitions for mandamus that arose out of an action for contempt.  Specifically, t…

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