Alabama Workers' Comp Blawg

  • 23
  • Sep
  • 2018

The Alabama Workers' Compensation Blawg is 11 Years Old!

The Alabama Workers' Comp Blawg is 11 years old!  We would like to take this time to thank all of our readers who have helped to makehttp://www.alabamaworkerscompblawg.com a go to reference for...

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  • 24
  • Jul
  • 2018

Alabama Assault Considered Work Related Despite Extended Period of Time Between Reason and Act

On July 13, 2018 the Alabama Court of Civil Appeals released its opinion in Lawler & Cole CPAs, LLC, and Alabama Retail Association d/b/a Alabama Retail Comp v. Donald Cole...

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  • 20
  • Jun
  • 2018

Senators Portman and Nelson Introduce Bill Regarding Medicare Set-Aside Agreements

On June 18, 2018 Senators Portman (R-OH) and Nelson (D-FL) introduced a bill to amend title XVIII of the Social Security Act to provide for the application of Medicare secondary payer rules...

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  • 14
  • Jun
  • 2018

Alabama Workers’ Compensation Rate Change Effective July 1, 2018

Beginning July 1, 2018, the maximum workers’ compensation payable will be raised to $865.00 per week and the minimum will be raised to $238.00 per week. https://labor.alabama.gov/docs/guides/wc_weeklywage.pdf This blog submission was prepared by Joshua...

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  • 14
  • May
  • 2018

Compensable before Compel Says Alabama Court of Civil Appeals

The Alabama Court of Civil Appeals recently released its decision in the case ofIn re: Jeffrey Donaldson v. Sears Roebuck and Co. on May 11, 2018. It’s decision confirmed that...

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  • 09
  • Apr
  • 2018

Alabama Workers’ Compensation Task Force Shooting for Change in 2019

“All great changes are preceded by chaos.” – Deepak Chopra    The Chaos    On May 8, 2017, a Jefferson County Circuit Court Judge issued an Order declaring the Alabama Workers’ Compensation Act to...

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  • 08
  • Mar
  • 2018

Alabama Court of Civil Appeals Denies Mandamus Relief from Restrictive HIPAA Order

On February 23, 2018 the Alabama Court of Civil Appeals released its opinion inEx Parte Alabama Gas Corporation denying Alagasco’s Petition for Writ of Mandamus wherein it...

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  • 05
  • Jan
  • 2018

Alabama Ombudsmen will Continue to Offer set Schedule for Benefit Review Conferences in Birmingham

Ombudsmen Patricia Fraley and Ted Roose plan to continue to keep regular office hours on the 2nd and 4th Tuesdays of every month from 9-12 and 1-4 for anyone who...

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  • 05
  • Jan
  • 2018

2018 Alabama Mileage Reimbursement Rate Update

Effective January 1, 2018, the mileage reimbursement rate for Alabama is 54.5 cents per mile, a one cent increase from 2017.

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  • 16
  • Nov
  • 2017

Alabama State Bar Association Appoints Task Force to Examine Workers’ Compensation Act in Wake of Recent Constitutional Attack

As many of you know, an Alabama Circuit Judge recently issued an Order declaring the entire Alabama Workers’ Compensation Act unconstitutional. As ...

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  • 27
  • Oct
  • 2017

No Workers’ Compensation for Off Duty California Police Officers Injured in Las Vegas Shooting

In the wake of the recent shooting in Las Vegas, numerous news reporting agencies have expressing shock and disbelief over California’s denial of workers’ compensation benefits to its police officers...

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  • 17
  • Oct
  • 2017

Alabama Supreme Court Further Defines “Willful Conduct” With Regard to Co-Employee Liability

The Supreme Court recently released its opinion in Louis Hall v. Bobby Saarinen and Chris Williams, in which it reversed the trial court’s denial of the co-employee defendants’ motion for...

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  • 22
  • Sep
  • 2017

The Alabama Workers' Compensation Blawg is 10 Years Old!

The Alabama Workers' Comp Blawg is 10 years old!  We would like to take this time to thank all of our readers who have helped to makehttp://www.alabamaworkerscompblawg.com a go to reference for...

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  • 06
  • Sep
  • 2017

The New Alabama Venue Menu

The Alabama Court of Civil Appeals recently released its opinion in Ex parteGarrison Trucking Co., wherein it considered the issue of venue. The Old Rules In venue disputes, your residence means your...

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  • 05
  • Aug
  • 2017

Who is Protecting You from OSHA’s Excessive Penalties?

On August 1, 2016, a new federal law, The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, went into effect which required all federal agencies to adjust their...

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  • 05
  • Aug
  • 2017

Alabama Supreme Court Reverses Summary Judgment in Favor of Employer in Retaliatory Discharge Lawsuit

The Supreme Court recently released its opinion in Foster v North American Bus Industries, Inc. in which it reversed the trial court’s summary judgment in favor of the employer on...

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  • 05
  • Aug
  • 2017

Alabama Court of Civil Appeals Address Common Law Marriage

The Alabama Court of Civil Appeals recently released its opinion in Frederick Roosevelt Dunning, Jr. & Janice Dunning Sandifer v. Lula Mayhew, in which it determined Roosevelt and Lula were...

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  • 05
  • Aug
  • 2017

Summary Judgment Granted in Favor of Alabama Defendants in Outrageous Conduct Claim

The Alabama Court of Civil Appeals recently released its opinion in Kirby v Jacks Family Restaurants, LP.In that case, the plaintiff filed claims for workers’ compensation benefits, retaliatory discharge, and...

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  • 22
  • Jul
  • 2017

Successful Alabama Appeal only Postponing the Inevitable

On July 21, 2017, the Alabama Court of Civil Appeals released its opinion in Felisha Bailey v. Jacksonville Health and Rehabilitation Center.  In Bailey, the employee was a certified nursing...

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  • 22
  • Jul
  • 2017

In Alabama, Requirement to Liberally Construe Workers’ Compensation Act does not apply to Assignment of Weight to Evidence

On July 21, 2017, The Alabama Court of Civil Appeals released its opinion in Laura Wyatt v. Baptist Health System, Inc. In Wyatt, the employee was a patient-care tech that...

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