Alabama Workers' Comp Blawg

  • 30
  • Jun
  • 2015

Alabama Employee's Estate Cannot Enforce Settlement Agreement that was not Court Approved Before Employee's Death

On June 26, 2015, the Alabama Court of Civil Appeals released its decision in Pat Tate as Administrator of the Estate of Michael Traffanstedt v. Liberty Mutual Insurance Company and...

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  • 27
  • Jun
  • 2015

Alabama Employer not Responsible for Medical Treatment of Injuries not Specified in Settlement Agreement

On June 26, 2015, the Alabama Court of Civil Appeals released its opinion in Todd Entrekin, Etowah County Sheriff v. Jerry Frederic Lasseter. At the trial court...

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  • 26
  • Jun
  • 2015

Alabama Court of Appeals Finds Inability to Return to Work is not Exception to Schedule

On June 19, 2014, the Alabama Court of Civil Appeals released its second opinion inGoodyear Tire & Rubber Co. v. Bush (). The first time around the Court of Appeals...

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  • 13
  • Apr
  • 2015

Misuse Of The Term Aggravation Causes Huge Overpayments In Workers' Compensation

The below article is re-published with permission from its author, John Geaney. It was originally published on April 9, 2015 on Mr. Geaney's New Jersey Workers' Comp Blog (http://njworkerscompblog.com). ---------------- SCENARIO ONE:...

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  • 09
  • Apr
  • 2015

Alabama Workers' Compensation Reform Bill Not Likely to Pass

On April 2, 2015, Alabama Republican State Senators Del Marsh and Cam Ward submitted Senate Bill 330, which proposes drastic reforms to The Alabama Workers' Compensation Act. If the legislature...

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  • 30
  • Mar
  • 2015

Alabama Court Reverses Award of Attorney Fees Where Utilization Review Properly Followed

On March 20, 2015, the Alabama Court of Civil Appeals released its opinion in Good Hope Contracting Company, Inc. v. McCall wherein it upheld an order compelling medical treatment but...

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  • 02
  • Mar
  • 2015

Alabama Court of Appeals Reverses Trial Court's Order that Employer Pay for Knee Replacement

On February 27, 2015, the Alabama Court of Appeals released its decision in Ex parte Fairhope Health & Rehab, LLC. The facts of the case were as follows: The plaintiff,...

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  • 27
  • Feb
  • 2015

A Horse is a Horse of Course, of Course, but in Alabama, Riding one may not be Considered in the Course

On February 27, 2015, the Alabama Court of Civil Appeals released its opinion inDana Louise Pollock v. Girl Scouts of Southern Alabama, Inc. wherein it considered a claimed injury arising...

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  • 16
  • Feb
  • 2015

Alabama Supreme Court Reverses Court of Appeals and Reinstates Permanent Total Disability Award

On January 30, 2015, the Supreme Court of Alabama reversed the Alabama Court of Appeals' ruling in Madison Academy, Inc. v. Hanvey.�_ The Supreme Court granted the employee's Petition for...

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  • 10
  • Feb
  • 2015

Alabama Governor Signs HB-107, Raising Maximum Burial Expense

As previously reported here, the Alabama Legislature passed HB-107 last year, increasing the maximum burial expenses an employer may be liable for from $3,000 to $6,500. Governor Bentley recently signed...

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  • 27
  • Jan
  • 2015

It is Time to Join the Alabama Workers Compensation Organization

Do not forget to submit your 2015 Membership Application.��@Applications must be postmarked by February 27th in order to attend the Spring Conference at no charge. If you want to pay...

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  • 06
  • Jan
  • 2015

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 annual AWCO Spring...

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  • 31
  • Dec
  • 2014

2015 Alabama Mileage Reimbursement Rate

Effective January 1, 2015, the standard mileage reimbursement rate for Alabama will be 57.5 cents per mile. ________________________ ABOUT THE AUTHOR The article was written by Joshua G. Holden, Esq. a Member of...

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  • 29
  • Dec
  • 2014

Alabama Court Finds Accident on the Way to Treatment for Injury Compensable

Flexicrew Staffing, Inc. v. Champion Released December 12, 2014 At the trial level the Baldwin County Circuit Court was presented with evidence related to whether of not Champion's claim based on a...

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  • 23
  • Nov
  • 2014

Recent Tenth Circuit Decision Could Have Ramifications in Workers Compensation Retaliatory Discharge Cases

The Tenth Circuit Court of Appeals recently released its decision in the case of Green v. Donahoe, No. 13-1096, 2014 U.S. App. LEXIS 14290, 2014 WL 370823 (10th Cir. July...

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  • 17
  • Nov
  • 2014

Alabama Court of Civil Appeals Considers Jurisdiction Issue where Alabama Resident is Injured in Texas

Similar to the decision which was discussed on our blawg on November 7, 2014, the Court of Civil Appeals again held in Ex Parte Lost River Oilfield Services, LLC, that...

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  • 07
  • Nov
  • 2014

Alabama Court Again Finds Contract for Hire in Alabama Does not Mean Alabama Benefits

Ex parte Dalton Logistics Petition for Writ of Mandamus On November 7, 2014, The Alabama Court of Civil Appeals granted Dalton Logistics Petition for Writ of Mandamus. The Choctaw County Circuit Court...

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  • 31
  • Oct
  • 2014

Florida Judge Declares Exclusivity Doctrine Unconstitutional

Unless you have been cryogenically frozen in carbonite for the past 3 months, you have probably heard about the recent opinion released by Miami-Dade Circuit Judge Jorge Cueto which declared...

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  • 13
  • Oct
  • 2014

Alabama Court of Appeals Reverses Itself in Attorney Fee Case

On October 10, 2014, the Alabama Court of Civil Appeals released its opinion in the case of Arthur Barney v. Elizabeth Bell, as personal representative of the estate of Maurice...

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  • 22
  • Sep
  • 2014

The Alabama Workers' Comp Blawg is Seven Years Old

Today the Alabama Workers' Comp Blawg celebrates another birthday. We would like to take this time to thank all of our readers who have helped to makehttp://www.alabamaworkerscompblawg.com a go to...

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