Alabama Workers' Comp Blawg

  • 17
  • Feb
  • 2009

NEW BILL (HB 18) AFFECTING WORKERS' COMPENSATION INTRODUCED IN 2009 SESSION OF ALABAMA LEGISLATURE

In 1992, after many concessions from both trial lawyers and business interests, the Alabama Legislature passed the Workers' Compensation Reform Act of 1992. The goal was to reduce business costs,...

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  • 16
  • Feb
  • 2009

EMPLOYER AND EMPLOYEE FRAUD INTERVIEW

On February 12, 2009, Mike Fish was a guest on the on the Workers' Comp Matters internet radio show.  The host, Attorney Alan S. Pierce, and Fish discussed issues related to workers' compensation fraud.  To access this...

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  • 10
  • Feb
  • 2009

ALABAMA CONTROLLED SUBSTANCES PRESCRIPTION DATABASE

The Alabama legislature recently established and implemented a controlled substance database for the entire state of Alabama. The purpose of this database is to monitor the prescribing and dispensing of...

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  • 07
  • Feb
  • 2009

FIRE EXTINGUISHER HELD NOT TO BE A SAFETY DEVICE ON A MACHINE FOR PURPOSES OF SECTION 25-5-11(c)(2)

Darius Moore v. Larry Welch, Sid Sewell, and Frank James: On February 6, 2009, the Alabama Court of Civil Appeals considered a case wherein the employee was injured when the paint...

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  • 06
  • Feb
  • 2009

NONRESIDENT ALIEN DEPENDENTS NOT ENTITLED TO DEATH BENEFITS

Reynalda Alanis Duran et al. v. Goff Group: On February 6, 2009, the Alabama Court of Civil Appeals considered the issue of whether or not nonresident alien dependents were entitled to...

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  • 06
  • Feb
  • 2009

DENYING CLAIM MAY RESULT IN LOSS OF ABILITY TO CHOOSE DOCTOR

Fluor Enterprises, Inc., d/b/a Fluor Signature Services v. Darrell Lawshe: On February 6, 2009, the Alabama Court of Civil Appeals considered the issue of whether or not an employee can choose...

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  • 23
  • Jan
  • 2009

DOCTOR HELD NOT TO BE AUTHORIZED TREATING PHYSICIAN WHERE REFERRAL IS MADE FOR LIMITED PURPOSE

Ex parte Massey Chevrolet, Inc.: In this opinion released on January 23, 2009, the Alabama Court of Civil Appeals considered a dispute over medical care in a previously settled case. Specifically,...

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  • 20
  • Jan
  • 2009

AGE DISCRIMINATION DISMISSAL REVERSED

Marcus Lynn Whitson v. City of Hoover: On January 16, 2009, the Alabama Supreme Court considered this case wherein the employee settled his workers’ compensation case and then sued his employer...

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  • 20
  • Jan
  • 2009

UNEMPLOYMENT HEARING AFFECTS AFFIRMATIVE DEFENSE IN RETALIATORY DISCHARGE CASE

Ex parte Gadsden Country Club: On January 16, 2009, the Alabama Supreme Court released this opinion wherein it denied the employers’ petition for a writ of mandamus. Specifically, the employee sued...

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  • 02
  • Jan
  • 2009

2009 MILEAGE REIMBURSEMENT RATE

2009 Alabama Standard Mileage Reimbursement Rate: Effective January 1, 2009, the standard mileage reimbursement rate for Alabama was reduced to 55 cents per mile.

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  • 20
  • Dec
  • 2008

TRIAL COURT'S FINDING OF OCCUPATIONAL DISEASE IS REVERSED

Greater Mobile Chrysler-Jeep, Inc. v. Charles Atterberry: In this opinion released on December 19, 2008, the Alabama Court of Civil Appeals considered an employee’s claim of occupational disease. At trial, the...

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  • 20
  • Dec
  • 2008

TRIAL COURT'S DECISION TO CIRCUMVENT SCHEDULE FOR KNEE INJURY REVERSED

Solomon Motor Company v. Earnest Dean: In this opinion released on December 19, 2008, the Alabama Court of Civil Appeals considered a trial court’s decision to sidestep the schedule set forth...

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  • 16
  • Dec
  • 2008

CMS SUED OVER MEMORANDUM OPINION

BACKGROUND:  On July 11, 2005, the Centers for Medicare and Medicaid Services (CMS) released its sixth policy memorandum with answers to frequently asked questions (FAQ’s) on Workers’ Compensation Medicare Set-Aside...

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  • 13
  • Dec
  • 2008

CIRCUMVENTING THE SCHEDULE

Child Day Care Association v. Victoria Christesen: In this opinion released on December 12, 2008, the Alabama Court of Civil Appeals upheld the trial court’s decision not to apply the §25-5-57(a)(3)...

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  • 13
  • Dec
  • 2008

DOUBLE INDEMNITY ASSESSED AGAINST EMPLOYER

MasterBrand Cabinets, Inc., f/k/a NHB Industries, Inc. v. Nacola Ruggs: In this opinion released on December 12, 2008, the Alabama Court of Civil Appeals considered whether the trial court properly enforced...

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  • 07
  • Dec
  • 2008

REFUSAL OF PSYCHOLOGICAL AND PSYCHIATRIC TREATMENT

Ex parte Saad's Healthcare Services, Inc. In this opinion released on December 5, 2008, the Alabama Supreme Court held that the Alabama Court of Civil Appeals was correct in determining that...

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  • 22
  • Nov
  • 2008

ALABAMA WORKERS' COMPENSATION FRAUD UNIT

The Alabama unemployment rate is higher than it has been in five years. In October it rose to 5.6%. In Chambers County it has reached a staggering 14.3% with Wilcox,...

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  • 20
  • Nov
  • 2008

ATTORNEY GENERAL SUCCESSFULLY PROSECUTES WORKERS' COMPENSATION FRAUD

On November 18, 2008, the Montgomery Advertiser reported that the Attorney General’s office successfully prosecuted an Anniston woman for workers’ compensation fraud. Apparently, the woman, Charlene Trapp Smith, 59, misrepresented...

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  • 07
  • Nov
  • 2008

ABA PRESIDENT DECRIES EXPENSIVE 2008 STATE JUDICIAL RACES

With over $5 million dollars spent towards the only open seat on the Alabama Supreme Court, our state reportedly had the most expensive high court race this year.  As a result of the money spent...

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  • 05
  • Nov
  • 2008

ELECTION RESULTS

As of Wednesday morning with 94 percent of the precincts reporting, the most expensive Supreme Court race in the nation was neck and neck. Greg Shaw, a Republican, edged his...

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