Alabama Workers' Comp Blawg

  • 07
  • Apr
  • 2016

Alabama Settlements Soon To Be Subject To Enhanced Medicaid Lien

The Medicaid Secondary Payer Act will take effect on October 1, 2016. The new law substantially expands state Medicaid recovery rights, and these changes will affect settlements of workers’ compensation...

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  • 26
  • Mar
  • 2016

BIG THINK IN THE BIG EASY

The following blog article is published with the permission of guest blogger, Brian Francis.  Dateline: NEW ORLEANS- A few blocks from the commotion of New Orleans’ Bourbon Street, just outside the...

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  • 22
  • Mar
  • 2016

Alabama Supreme Court Holds That Employers Have Complete Immunity To Tort Claims And Employers’ Liability Act Claims When Workers’ Compensation Act Applies

On March 18, 2016, the Alabama Supreme Court issued a Writ of Mandamus to the Circuit Court of Jefferson County, in the case ofEx parte Rock Wool Manufacturing Company, directing...

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  • 08
  • Feb
  • 2016

Proposed Alabama Legislation Seeks To Limit Liability For Permanent And Total Disability Benefits And Medical Benefits

On February 2, 2016, Alabama Republican Senators Orr, Sanford, Livingston, Scofield, Stutts and Melson introduced SB122. The bill seeks to revise sections of 25-5-57 to limit an...

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  • 03
  • Feb
  • 2016

Prior Injury Can Become New Injury In Alabama When Permanently Aggravated

The Alabama Court of Civil Appeals recently released its decision in the case ofIn re: Henry Riley v. Reed Contracting Services, Inc. (Ala. Civ. App. January 29, 2016). In its...

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  • 05
  • Jan
  • 2016

2016 Alabama Mileage Reimbursement Rate Update

Effective January 1, 2016, the standard mileage reimbursement rate for Alabama was decreased to 54 cents per mile.

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  • 24
  • Oct
  • 2015

What The Alabama Employer Knows May Determine How The Occupational Disease Claim Goes

On October 16, 2015, The Alabama Court of Civil Appeals released its opinion in Anita Martin v. Austal USA, LLC. At the trial court level, the judge granted ...

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  • 21
  • Oct
  • 2015

Owner-Operators Leased To A Common Carrier Not Subject To Alabama Workers Compensation Act

On October 16, 2015, the Alabama Court of Civil Appeals released its opinion in Jenkins v. American Transport, Inc., reversing the trial court’s order granting summary judgment...

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  • 22
  • Sep
  • 2015

The Alabama Workers' Comp Blawg Is Eight Years Old

Today the Alabama Workers' Comp Blawg celebrates another birthday. We would like to take this time to thank all of our readers who have helped to make http://www.alabamaworkerscompblawg.com a go...

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  • 08
  • Sep
  • 2015

Alabama Department Of Labor Regulation Related To Erectile Dysfunction Does Not Override Statute Regarding Reasonable Necessity

Ex parte Ward International Released September 4, 2015 The Employer, Ward International, filed a Petition for Writ of Mandamus after the Circuit Court of Mobile County entered and ordered, upon motion by...

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  • 18
  • Aug
  • 2015

Alabama Workers' Compensation Rate Change

For all injuries occurring on and after July 1, 2015, the maximum workers' compensation payable was raised to $813 per week, and the minimum was raised to $224 per week....

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  • 28
  • Jul
  • 2015

Sever Alabama Tort Claims From Adjoining Workers' Comp Claim For Quick Appeal

Imperial Aluminum-Scottsboro, LLC v. Taylor Released July 24, 2015 The employee filed suit against the employer asserting a workers' compensation claim, retaliatory discharge and the tort of outrage. Upon the case being...

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  • 28
  • Jul
  • 2015

Alabama Judges Must Consider Issue Of Vocational Loss For Non-Scheduled Injuries When Employee Is Earning Less

The Alabama Court of Civil Appeals recently reversed an order based on a trial court's decision which only found the employee suffered a physical impairment to her shoulder and did...

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  • 30
  • Jun
  • 2015

Alabama Employee's Estate Cannot Enforce Settlement Agreement That Was Not Court Approved Before Employee's Death

On June 26, 2015, the Alabama Court of Civil Appeals released its decision in Pat Tate as Administrator of the Estate of Michael Traffanstedt v. Liberty Mutual Insurance Company and...

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  • 27
  • Jun
  • 2015

Alabama Employer Not Responsible For Medical Treatment Of Injuries Not Specified In Settlement Agreement

On June 26, 2015, the Alabama Court of Civil Appeals released its opinion in Todd Entrekin, Etowah County Sheriff v. Jerry Frederic Lasseter. At the trial court...

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  • 26
  • Jun
  • 2015

Alabama Court Of Appeals Finds Inability To Return To Work Is Not Exception To Schedule

On June 19, 2014, the Alabama Court of Civil Appeals released its second opinion inGoodyear Tire & Rubber Co. v. Bush (). The first time around the Court of Appeals...

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  • 13
  • Apr
  • 2015

Misuse Of The Term Aggravation Causes Huge Overpayments In Workers' Compensation

The below article is re-published with permission from its author, John Geaney. It was originally published on April 9, 2015 on Mr. Geaney's New Jersey Workers' Comp Blog (http://njworkerscompblog.com). ---------------- SCENARIO ONE:...

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  • 09
  • Apr
  • 2015

Alabama Workers' Compensation Reform Bill Not Likely To Pass

On April 2, 2015, Alabama Republican State Senators Del Marsh and Cam Ward submitted Senate Bill 330, which proposes drastic reforms to The Alabama Workers' Compensation Act. If the legislature...

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  • 30
  • Mar
  • 2015

Alabama Court Reverses Award Of Attorney Fees Where Utilization Review Properly Followed

On March 20, 2015, the Alabama Court of Civil Appeals released its opinion in Good Hope Contracting Company, Inc. v. McCall wherein it upheld an order compelling medical treatment but...

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  • 02
  • Mar
  • 2015

Alabama Court Of Appeals Reverses Trial Court'S Order That Employer Pay For Knee Replacement

On February 27, 2015, the Alabama Court of Appeals released its decision in Ex parte Fairhope Health & Rehab, LLC. The facts of the case were as follows: The plaintiff,...

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