Alabama Workers' Comp Blawg

  • 17
  • Mar
  • 2020

COVID-19 Impact on Alabama Courts and ADOL Ombudsman Program

  Alabama Court Appearances Temporarily Suspended   On March 13, 2020, the Alabama Supreme Court issued an administrative order which suspended all court appearances for 30 days.  On March 15, 2020, the Court...

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  • 02
  • Mar
  • 2020

Alabama House Bill Proposes Adoption of IRS’s Rules for Determining Employment Status

  Alabama State Representative Wes Kitchens (R-Arab) recently introduced House Bill 77, which would require employers and state agencies to use the guidelines specified by the Internal Revenue Service in order...

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  • 28
  • Feb
  • 2020

Alabama Employer’s Attempt at Dismissal Based on Exclusivity Provision Fails Due to Unresolved Issues of Fact Regarding Physical Attack on Employee

  Alabama’s Workers’ Compensation Act has an exclusivity provision that shields employers from tort claims resulting from injuries, or death, caused by an accident or occupational disease that is related to...

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  • 28
  • Feb
  • 2020

Alabama Department of Labor Needs to Know the County Where the Benefit Review Conference Occurred

  Regardless of whether a workers’ compensation settlement is finalized before a Circuit Court Judge or an ADOL Ombudsman, the ADOL Workers’ Compensation Division, must receive a completed WC-4 Claim Summary...

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  • 28
  • Feb
  • 2020

Alabama Legislation Seeks to Create PTSD Physical Injury Requirement Exception for First Responders

  Alabama is a physical-mental state which means you have to have a physical injury in order to be able to recover mental injuries.  Ten years ago,the Alabama Court of Civil...

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  • 28
  • Feb
  • 2020

A look at the Potential Impact of the Coronavirus on Alabama Workers’ Compensation through a New Jersey Lens

  Earlier today (2/28/20), the World Health Organization chief Tedros Adhanom Ghebreyesus told reporters that the risk of spread and impact of the coronavirus is now very high at a “global...

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  • 27
  • Feb
  • 2020

Don’t Miss the February 28, 2020 Deadline to Join the Alabama Workers’ Compensation Organization

  February 28, 2020 is the deadline for discounted AWCO membership registration that includes a free conference.  Registration will close at 5:00 pm CST.  If you have not...

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  • 20
  • Jan
  • 2020

Alabama Employee Gets a Second Opinion Doctor Despite Previously Exhausting her Panel of Four

  On January 17, 2020, the Alabama Court of Civil Appeals released its opinion in the matter styled Ex parte Kohler Company, Inc.  In Kohler, the Court considered a...

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  • 13
  • Jan
  • 2020

The Alabama Workers' Compensation Organization...Membership has its Privileges

  Membership in the AWCO offers a number of professional and social opportunities annually to interact with other workers' compensation professionals. The highlight of the year is the...

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  • 07
  • Jan
  • 2020

Beginning January 1, 2020, the Alabama Department of Labor, Workers’ Compensation Division, Requires a Completed WC-4 Claim Summary Form for all Alabama Workers’ Compensation Settlements

  Effective January 1, 2020, the Alabama Department of Labor, Workers’ Compensation Division, must receive a completed WC-4 Claim Summary Form for all Alabama Workers’ Compensation settlements regardless of whether the...

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  • 02
  • Jan
  • 2020

2020 Alabama Mileage Reimbursement Rate Update

  Effective January 1, 2020, the mileage reimbursement rate for Alabama is 57.5 cents per mile, a .5 cent decrease from 2019.

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  • 01
  • Jan
  • 2020

Happy 100 Years of WC Alabama!

  Today marks 100 years since the Alabama Workers’ Compensation Act went into effect.  Back then, it was known as the Alabama Workmen’s Compensation Act.  While it has been expanded in...

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  • 09
  • Dec
  • 2019

In Alabama, For Statute of Limitations Purposes Simply Filing a Complaint Does Not Commence an Action

  On December 6, 2019, the Alabama Court of Civil Appeals released its opinion in James Brooks v. Austal USA, LLC. The undisputed facts were that while the Complaint...

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  • 06
  • Dec
  • 2019

Alabama Court of Appeals Upholds Trial Court’s Order Requiring Employer to Provide a Second Panel of Four Pain Management Doctors or Negotiate the Closure of Medical Benefits

  On December 6, 2019, the Alabama Court of Civil Appeals released its opinion in Colby Furniture Company v. Belinda Overton.  In Overton, the employer sought the termination of...

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  • 04
  • Dec
  • 2019

In Alabama, Attorney Evaluation Still Privileged Even if Reasonableness of Third Party Settlement is at Issue

  On November 27, 2019 the Alabama Supreme Court released its opinion in Ex parte Dow Corning Alabama, Inc., et al. In this case an employee ...

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  • 27
  • Nov
  • 2019

In Alabama, Absent Supporting Medical Evidence, “Substantial Evidence” is Necessary to Prove Causation

  On November 15, 2019, the Alabama Court of Civil Appeals released its opinion inEx parte Sea Coast Disposal, Inc., in response to a Petition for Writ of Mandamus. The employer...

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  • 27
  • Nov
  • 2019

Alabama DOL Ombudsmen will Continue to Offer set Schedule for Benefit Review Conferences in 2020

  Ombudsmen Patricia Fraley and Ted Roose plan to continue to keep regular office hours on the 2nd and 4th Tuesdays of every month from 9-12 and 1-3 for ...

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  • 14
  • Nov
  • 2019

Alabama Supreme Court Declines to Extend Immunity to Employer’s Parent Company in Deadly Accident

  The Alabama Supreme Court recently released its opinion addressing the issue of whether a parent company of an employer is immune from suit based on the exclusivity provisions of The...

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  • 21
  • Oct
  • 2019

Alabama Court Rules Return to Work May Not Prevent Vocational Disability

  On October 4, 2019 Alabama Court of Civil Appeals released its opinion in AMEC Foster Wheeler Camtech, Inc. v. Jimmy Chandler wherein...

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  • 23
  • Sep
  • 2019

The Alabama Workers' Compensation Blawg is 12 Years Old!

  As we celebrate 100 years of Alabama Workers’ Compensation, the Alabama Workers' Comp Blawg celebrates its 12th year.  We would like to thank all of our readers who...

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