Alabama Workers' Comp Blawg

  • 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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  • 07
  • Jul
  • 2017

Alabama Workers’ Compensation Rate Change Effective July 1, 2017

Beginning July 1, 2017, the maximum workers’ compensation payable was raised to $843.00 per week and the minimum was raised to $232.00 per week.  https://labor.alabama.gov/docs/guides/wc_weeklywage.pdf

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  • 18
  • Jun
  • 2017

Alabama Ombudsmen Offering Set Schedule for Benefit Review Conferences

Ombudsmen Patricia Fraley and Ted Roose are now located in the new Career Center located at 3216 4th Avenue South (Birmingham). Because of this new location they are able to...

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  • 13
  • Jun
  • 2017

How to Fix the Alabama Workers’ Compensation Act

A lot of buzz was recently created when a Circuit Court Judge in Jefferson County entered an interlocutory order declaring the Alabama Workers’ Compensation Act unconstitutional. The...

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  • 25
  • May
  • 2017

In Alabama, Excluding Workers’ Compensation from an Arbitration Agreement Does Not Exclude Retaliatory Discharge

On May 19, 2017, the Alabama Supreme Court released its opinion in SSC Selma Operating Company, LLC, d/b/a Warren Manor Health & Rehabilitation Center and SavaSeniorCare Administrative Services, LLC v....

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  • 11
  • May
  • 2017

To Appeal or Not to Appeal? That is the Question in the Alabama Case Where the Workers’ Compensation Act was Ruled Unconstitutional.

A few days ago, we reported on the recent case of Nora Clower v. CVS Caremark, in which the Circuit Court of Jefferson County entered an order declaring The Alabama...

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  • 09
  • May
  • 2017

Alabama Circuit Court Judge Issues Order Determining Workers’ Compensation Act to be Unconstitutional

Perhaps you have already heard as news travels fast but on May 8, 2017, a Jefferson County Circuit Court Judge issued an Order declaring the Alabama Workers’ Compensation Act to...

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  • 03
  • May
  • 2017

Alabama Workers' Compensation Blawg Wins Award for Second Consecutive Year

We are pleased to announce that the Alabama Workers' Comp Blawg was named a WorkersCompensation.com Best Blog for 2017!  A complete list of the winners and the criteria used in the...

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  • 07
  • Mar
  • 2017

OSHA’s New Reporting and Anti-Retaliation Rule Now in Effect

OSHA recently implemented its new "reporting and anti-retaliation rule", which went into effect January 1, 2017. Under the new rule, certain employers must now submit injury and illness...

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  • 28
  • Feb
  • 2017

New Workers’ Compensation Bills Introduced in Alabama Senate

Senator Arthur Orr (R, Decatur) recently introduced SB-89, which would limit employers’ liability for permanent total disability benefits. Currently, an employer must pay permanent total disability benefits...

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  • 21
  • Feb
  • 2017

The Alabama Workers' Compensation Organization to Hold 36th Annual Spring Conference

It's almost time to register for the 36th Annual AWCO Spring Conference to be held May 4-5, 2017 at the Hyatt Wynfrey Hotel! Online registration will open March 1, 2017...

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  • 10
  • Feb
  • 2017

Alabama Pain Doctor Sentenced to Fifteen Years in Federal Prison

Over the years, an Alabama pain management doctor built a reputation for prescribing large quantities of opioid medications out of his Huntsville office, and his patients included...

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  • 24
  • Jan
  • 2017

Alabama Court Addresses Proper Way to Question Medical Treatment after Indemnity and Vocational Benefits are Settled

On September 23, 2016, the Alabama Court of Civil Appeals released its opinion inAugmentation, Inc. v. Harris. Debra Harris alleged injuries to her neck, back, and left shoulder while working...

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  • 12
  • Jan
  • 2017

Alabama Court Considers Proper Venue When Employer Files First

The Alabama Court of Civil Appeals recently released an opinion dealing with venue statutes and their applicability to claims sought under the Alabama Worker’s Compensation Act. In the case ofEx...

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  • 11
  • Jan
  • 2017

Washington Lawsuit Alleges Employees Contracted PTSD From Watching Videos Portraying Brutality, Murder, Beastiality, and Child Pornography

Two Microsoft employees have sued their employer alleging that they suffer from post-traumatic stress disorder because their job required them to watch horrific internet videos portraying brutality, murder, beastiality, and...

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