Alabama Workers' Comp Blawg

  • 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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  • 02
  • Nov
  • 2008

METHOD FOR AWW CALCULATION IS MANDATORY

Ex parte Dolgencorp, Inc., --- So.2d ----, 2008 WL 4757045 (Ala. 2008): In this October 31, 2008 opinion, the Alabama Supreme Court held that the second method for calculating the average...

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  • 02
  • Nov
  • 2008

PAIN EXCEPTION TO SCHEDULE

Gold Kist, Inc. v. Porter --- So.2d ----, 2008 WL 4757112 (Ala.Civ.App. 2008): In this opinion released on October 31, 2008, the Alabama Court of Civil Appeals affirmed the trial court’s...

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  • 02
  • Nov
  • 2008

SECOND INJURY CONSIDERED CONTINUATION OF OLD INJURY

Hokes Bluff Welding and Fabrication v. Cox --- So.2d ----, 2008 WL 4757149 (Ala.Civ.App. 2008): On October 31, 2008, the Alabama Court of Civil Appeals released this opinion in which it...

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  • 29
  • Oct
  • 2008

RICO AS ALTERNATIVE TO OUTRAGE

Brown v. Cassens Transport Co., et al., 6th Cir. 2008: On October 23, 2008, the 6th Circuit Court of Appeals released its decision in Brown v. Cassens Transport Co., et al.,...

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  • 27
  • Oct
  • 2008

RACIALLY MOTIVATED ATTACK DEEMED NOT COMPENSABLE

Ex parte N.J.J., --- So.2d ----, 2008 WL 4687088 (Ala. 2008): In this opinion released on October 24, 2008, the employee sustained physical and psychological injury when she was physically and...

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  • 19
  • Oct
  • 2008

ALTERED GAIT LEADS TO REMOVAL FROM SCHEDULE AND P and T AWARD

Norandal U.S.A., Inc. v. Graben, --- So.2d ----, 2008 WL 4603456 (Ala.Civ.App. 2008): In this case decided on October 17, 2008, the employer appealed from a judgment awarding the employee permanent-total-disability...

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  • 13
  • Oct
  • 2008

NO EVIDENCE OF PERMANENT IMPAIRMENT OR VOCATIONAL LOSS

Hendricks v. KW Plastics, Inc., --- So.2d ----, 2008 WL 4531577 (Ala.Civ.App. 2008): An employee took his workers' compensation case to trial without the benefit of an attorney.  Although he proved...

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  • 06
  • Oct
  • 2008

FUTURE MEDICAL BENEFITS FOR RIGHT KNEE ARE SPECIFICALLY CLOSED IN SETTLEMENT AGREEMENT ... OR ARE THEY???

Matthew's Masonry Co. v. Aldridge, --- So.2d ----, 2008 WL 4445185 (Ala.Civ.App. 2008): On December 12, 2000, the employer settled with the employee and closed everything except future medical benefits for...

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  • 22
  • Sep
  • 2008

CO-EMPLOYEE HELD IMMUNE FROM LIABILITY FOR NEGLIGENT/WANTON CONDUCT

Brunson v. Lucas, --- So.2d ----, 2008 WL 4093793 (Ala.Civ.App. 2008): An employee who had received workers' compensation benefits for injuries received when he was hit by a motor vehicle driven by a...

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  • 22
  • Sep
  • 2008

CAUSATION

Ex parte McInish , --- So.2d ----, 2008 WL 4097593 (Ala. 2008): A claimant brought an action against his employer seeking workers' compensation benefits for injuries he allegedly sustained while employed...

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  • 22
  • Sep
  • 2008

ATTACK ON THE $220 CAP

Alabama Code §25-5-68 caps recovery of permanent partial disability benefits ("PPD") to injured workers to a maximum of $220 per week. Under Alabama’s workers’ compensation laws, employers get credit against...

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  • 22
  • Sep
  • 2008

ELECTIONS

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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