Alabama Workers' Comp Blawg

  • 15
  • May
  • 2009

RICO CASE GOES TO SUPREME COURT

Brown v. Cassens Transport Co., et al., 546 F.3d 347 (6th Cir. 2008)(NO. 05-2089): A short summary of this case was previously provided in this blawg on October 29th. At that...

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  • 11
  • May
  • 2009

TRIAL COURT CANNOT COMPEL PAYMENT FOR MEDICAL TREATMENT BEFORE DETERMINATION OF COMPENSABILITY

In re: Randall Paul v. Sunbelt Transport: In this opinion released on May 8, 2009, the Alabama Court of Civil Appeals considered whether a trial court could compel payment for medical...

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  • 11
  • May
  • 2009

EVIDENCE RELATING HIP INJURY TO COMPENSABLE KNEE INJURY HELD INSUFFICIENT

Walmart Stores, Inc v. Marilyn Orr: In this opinion, released on May 8, 3009, the Alabama Court of Civil Appeals considered a case wherein the trial court held the employee to...

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  • 11
  • May
  • 2009

CANNOT USE FRIENDS TO ACCESS FACEBOOK AND MYSPACE PAGES

In a March advisory opinion, the Philadelphia Bar Association stated that it is unethical to gain access to a witness’ social networking web site by using a "friend" not affiliated...

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  • 27
  • Apr
  • 2009

NOTICE OF ORIGINAL SYMPTOMS SUFFICIENT EVEN WHEN SYMPTOMS MANIFEST THEMSELVES INTO SUBSEQUENT INJURY DATE

Francis Powell Enterprises, Inc. v. Andrews: On April 24, 2009, the Alabama Court of Civil Appeals released a twenty-four (24) page opinion which covered numerous issues. Due to the voluminous nature...

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  • 27
  • Apr
  • 2009

FOLLOW UP TO SB 381 AFFECTING COLLATERAL ESTOPPEL DEFENSE IN RETALIATORY DISCHARGE CASES

  SB 381, by Sen. Quinton Ross (D) of Montgomery, was previously mentioned on the blawg here at http://www.alabamaworkerscompblawg.com/template_permalink.asp?id=133. This bill limits the preclusive effect of a finding of fact, conclusion of law,...

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  • 20
  • Apr
  • 2009

UNEXPLAINED FALLS ARE NOW CONSIDERED COMPENSABLE

Lana Brown v. Korner Store: On April 17, 2009, The Alabama Court of Civil Appeals considered whether or not an unexplained fall satisfies the "arising out of" part of the test...

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  • 20
  • Apr
  • 2009

MILEAGE FOR ONE ROUND TRIP TO PHARMACY NOW REIMBURSABLE

The Alabama Workers' Compensation Code does not provide for the reimbursement of mileage for trips to and from the pharmacy.  However, the Alabama Department of Industrial Relations recently released a memorandum...

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  • 20
  • Apr
  • 2009

NEW BILL IS FIRST STEP TOWARDS FEDERALIZATION OF WORKERS' COMPENSATION

Democratic Congressman Joe Baca from California has introduced a bill to the 111th Congress hoping to establish a commission to evaluate state workers’ compensation laws. The commission will be called...

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  • 08
  • Apr
  • 2009

CMS TO INDEPENDENTLY PRICE AND CALCULATE FUTURE PRESECRIPTION DRUG TREATMENT

On April 3, 2009, the Centers for Medicare and Medicaid Services (CMS) issued a formal memorandum stating that it will start independently pricing future prescription drug treatment costs/expenses in Workers'...

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  • 07
  • Apr
  • 2009

EMPLOYEE CAN REFUSE PSYCH TREATMENT AND STILL BE CONSIDERED PERMANENTLY AND TOTALLY DISABLED

Ex Parte Saad’s Healthcare Services, Inc.: On April 3, 2009, the Alabama Supreme Court released this opinion which addressed a trial court’s ability to find an employee permanently and totally disabled...

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  • 25
  • Mar
  • 2009

POSSIBLE DEFENSE ATTORNEY IMMUNITY TO CMS LIABILITY

Here is an update to ”http://www.alabamaworkerscompblawg.com/template_permalink.asp?id=118” a post made late last year about the Protocols v. Leavitt case. In this case a company and a law firm that provided consulting services...

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  • 21
  • Mar
  • 2009

DOCTOR SUED FOR RELEASING MEDICAL RECORDS TO EMPLOYER

Louis Frank Hollander, Jr. v. Raymond Lee Nichols: On March 20, 2009, the Alabama Supreme Court released this opinion concerning a case wherein an employee sued the authorized treating physician for...

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  • 20
  • Mar
  • 2009

YOU CAN DENY THE CLAIM WHILE MAINTAINING CONTROL OF THE MEDICAL BENEFITS

The case of Fluor Enterprises, Inc., d/b/a Fluor Signature Services v. Darrell Lawshe was previously reported in this blawg on February 6, 2009. This case put employers, insurers, and third...

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  • 06
  • Mar
  • 2009

PERMANENT AND TOTAL AWARD FOR SHOULDER UPHELD

Waters Brothers Contracting, Inc. v. Wimberly: On March 6, 2009, the Alabama Court of Civil Appeals affirmed the trial court’s decision to award permanent and total benefits for a shoulder injury....

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  • 02
  • Mar
  • 2009

NEW BILL (SB 381) AFFECTING COLLATERAL ESTOPPEL DEFENSE IN RETALIATORY DISCHARGE CASES INTRODUCED IN 2009 SESSION OF ALABAMA LEGISLATURE

One of the easiest ways for an employer to defeat a retaliatory discharge claim is by asserting the defense of collateral estoppel. Specifically, if the employee files for unemployment benefits...

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  • 26
  • Feb
  • 2009

CMS PURSUES RECOVERY DIRECTLY AGAINST ATTORNEY

United States of America v. Paul J. Harris, United States District Court, Northen District of West Virginia, Civil Action No. 5:08CV102: In this pending case, the U.S. government is pursuing reimbursement...

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  • 20
  • Feb
  • 2009

PERMANENT AND TOTAL AWARD FOR LEG INJURY REVERSED

Norandal U.S.A., Inc. v. Welton Graben: On February 20, 2009, the Alabama Court of Civil Appeals released this opinion wherein it reversed and remanded the trial court’s decision to remove a...

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  • 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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