Alabama Workers' Comp Blawg

  • 05
  • Dec
  • 2016

Alabama Supreme Court Addresses Exclusivity Doctrine in Assault Case

The Supreme Court recently released its decision in Ex Parte Lincare, Inc., which involved an employee who was allegedly assaulted by her supervisor on the employer’s premises immediately after she...

Read More
  • 09
  • Nov
  • 2016

The Alabama Impairment Defense and OSHA’s New Policy Against Blanket Drug Testing

OSHA recently issued a proclamation against the blanket drug testing of all employees that report work accidents. While there is no specific law against it, OSHA has advised that it...

Read More
  • 07
  • Nov
  • 2016

SOMETHING FOR ALABAMA EMPLOYERS TO CONSIDER WHEN THINKING ABOUT $0 MSA

SOMETHING FOR ALABAMA EMPLOYERS TO CONSIDER WHEN THINKING ABOUT $0 MSA In recent weeks Zero Dollar Allocation MSAs came into question. Initially it was thought that on any claim, even fully...

Read More
  • 21
  • Sep
  • 2016

The Alabama Workers' Compensation Blawg is 9 Years Old!

The Alabama Workers' Comp Blawg is 9 years old!  We would like to take this time to thank all of our readers who have helped to make http://www.alabamaworkerscompblawg.com a go to...

Read More
  • 19
  • Sep
  • 2016

Alabama Court of Civil Appeals Addresses Compensability of Injury First Documented Several Months After Accident

On September 9, 2016, the Alabama Court of Appeals released its decision in Kennamer Bros., Inc. v. Stewart, in which it affirmed the Circuit Court of Marshall County determination that...

Read More
  • 04
  • Aug
  • 2016

Alabama Worker’s Compensation Death Benefits in the Wake of the Common Law Marriage Ban

Common law marriage will be abolished in the state of Alabama effective January 1, 2017. Act 2016-306, provides that the only common law marriages that Alabama law will continue to...

Read More
  • 02
  • Aug
  • 2016

Alabama Court of Appeals Weighs Set-Off of Other Disability Benefits

On July 22, 2016, the Alabama Court of Civil Appeals released its opinion in City of Birmingham v. Thomas, in which it addressed whether the City of Birmingham improperly reduced...

Read More
  • 27
  • Jul
  • 2016

Alabama Court Again Rules “Mere Possibility” Is Not Enough For Medical Causation

On July 22, 2016, the Alabama Court of Civil Appeals released its opinion in Smith v Brett/Robinson Construction Company, Inc. and again found that ...

Read More
  • 06
  • Jul
  • 2016

Alabama Workers' Compensation Rate Change Effective July 1, 2016

Beginning July 1, 2016, the maximum worker’s compensation payable was raised to $832 per week and the minimum was raised to $229 per week. This change was based on the...

Read More
  • 10
  • Jun
  • 2016

Alabama Court Addresses Exception to Coming and Going Rule

Hospice Family Care v. Joseph Allen, dependant spouse of Suzanne Sharp Allen, deceased Released June 10, 2016 This case was on appeal from the Madison County, Alabama Circuit...

Read More
  • 10
  • May
  • 2016

Alabama Jury Finds Supervisor Did Not Commit Willful Act Resulting in Employee’s Injury

On December 29, 2014 we reported on an opinion handed down by the Alabama Court of Civil Appeals in Flexicrew Staffing, Inc. v Champion. In that case,...

Read More
  • 05
  • May
  • 2016

Alabama Workers' Compensation Blawg Wins an Award

We are pleased to announce that our Blawg was named a Best Blog for 2016!  A complete list of the winners and the criteria used in the selection process can...

Read More
  • 04
  • May
  • 2016

Alabama Courts Find Causation to be Clear and Convincing even when Doctor's Opinion was Not

On April 29, 2016, the Alabama Court of Civil Appeals released its opinion in Leesburg Yarn Mills, Inc v. Thomas Hood.  In Hood, the trial judge found the claimed stenosing...

Read More
  • 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...

Read More
  • 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...

Read More
  • 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...

Read More
  • 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...

Read More
  • 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...

Read More
  • 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.

Read More
  • 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 ...

Read More