Alabama Workers' Comp Blawg

  • 09
  • Sep
  • 2014

Alabama Court of Civil Appeals Reverses Permanent and Total Disability Award as Premature

On August, 8, 2014, the Alabama Court of Civil Appeals released its opinion in Fab Arc Steel Supply, Inc. v. Timothy Dodd wherein it reversed a permanent and total disability...

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  • 08
  • Sep
  • 2014

Alabama Court Rules Exemption From Coverage Must be Revoked

Hooks v. Coastal Stone Works, Inc. Released September 5, 2014 The Alabama Court of Civil Appeals ruled that an officer of a corporation must take action to revoke previous certification of...

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  • 29
  • Aug
  • 2014

DEA Reclassifies Hydrocodone

In an effort to reduce painkiller abuse and misuse, the Drug Enforcement Agency (DEA) announced last week that it is reclassifying hydrocodone as a Schedule II Controlled Substance. Under...

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  • 24
  • Aug
  • 2014

Alabama Court Holds that Walk-in Tub Qualifies as Other Apparatus but is not Reasonably Necessary

Flanagan Lumbar Co., Inc. v. Tennison Released August 22, 2014 The Alabama Court of Civil once again ruled that devices to be considered "other apparatus" set out in §25-5-77(a) of the...

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  • 24
  • Aug
  • 2014

Alabama Court Holds Adult Child is not a Partial Dependent Despite Receiving Regular Financial Support

On August 22, 2014, the Alabama Court of Civil Appeals released an opinion wherein it considered whether an adult child can be considered a partial dependent for purposes of receiving death...

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  • 23
  • Aug
  • 2014

Alabama Court of Appeals Declines to find Permanent and Total Disability to be Exception to the Schedule

On August 22, 2014, the Alabama Court of Civil Appeals released its opinion in Goodyear Tire & Rubber Co. v. Stephen Bush. Bush alleged on February 11,...

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  • 23
  • Aug
  • 2014

Alabama Court of Appeals Addresses Procedure to Terminate Medical Benefits and Last Injurious Exposure Rule

On August 22, 2014, the Alabama Court of Civil Appeals released its opinion in Total Fire Protection, Inc. v Jonathan Jean, affirming the Trial Court’s order denying Total Fire Protection’s...

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  • 09
  • Aug
  • 2014

Alabama Court of Appeals Holds that Attorney Should not Take Fee in Workers Comp case and Third Party Case

On July 18, 2014, the Alabama Court of Civil Appeals released its opinion in Arthur Barney v. Elizabeth Bell, as personal representative of the estate of Maurice Bell, deceased, and...

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  • 08
  • Aug
  • 2014

Principal Doing Business in Alabama County Does not Mean Venue is Proper Against its Agent

In Ex Parte Diamond Scaffold Services Group, Inc., the employee filed suit for workers’ comp benefits in Washington County, Alabama. Diamond objected asserting that Washington County was not a proper...

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  • 29
  • Jul
  • 2014

The Alabama Race to the Courthouse Can Sometimes be an Exercise in Futility

Earlier this month, we reported on a case where a trial court denied an employer’s motion to transfer venue based on the doctrine of forum non conveniens. The Alabama...

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  • 29
  • Jul
  • 2014

Alabama Employers can Deny Claim While also Paying Indemnity and Medical Benefits

On July 25, 2014, the Alabama Court of Civil Appeals considered an interesting scenario where the trial judge granted an employee's motion to strike the employer's defenses to compensability that...

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  • 08
  • Jul
  • 2014

Alabama Workers' Compensation Rate Change Effective July 1, 2014

Beginning July 1, 2014, the maximum worker’s compensation payable was raised to $794 per week and the minimum was raised to $218 per week. This change was based on...

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  • 02
  • Jul
  • 2014

Racing to the Courthouse still a Consideration in Alabama Workers Compensation Cases

With Tennessee implementing its new administrative system this week, Alabama is now one of the only states left to use state courts to adjudicate its workers’ compensation cases. For...

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  • 16
  • Jun
  • 2014

Alabama Court of Appeals Rules that Employer Must Pay Claimant's Family Members to Assist with Activities of Daily Living

On June 13, 2014, the Alabama Court of Civil Appeals issued its opinion in Alabama Forrest Products Industry Workmen’s Compensation Self Insurer’s Fund v. Harris. In 1990, Harris sustained...

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  • 11
  • Jun
  • 2014

Mortality Tables not Admissible in this Alabama Retaliatory Discharge Case

Guyoungtech USA, Inc. v. Dees On June 6, 2014 the Supreme Court of Alabama issued a lengthy opinion covering many issues related to a Retaliatory Discharge case tried in Conecuh...

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  • 03
  • Jun
  • 2014

Alabama Supreme Court Now Decides To Stay Out Of Work-Product Issue

In Ex parte Schnitzer Steel Industries, Inc., released on September 27, 2013 (summarized on our blog September 28, 2013), the Alabama Supreme Court granted the employer’s petition for writ of...

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  • 28
  • May
  • 2014

Insurer Must Reimburse New Mexico Mechanic for Marijuana Purchases

On May 19, 2014, The New Mexico Court of Appeals ruled that Redwood Fire & Casualty must reimburse an injured mechanic for the cost of marijuana he was prescribed for...

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  • 28
  • May
  • 2014

Change to �_ 25-5-56 Passes Alabama Legislature and Awaits Governor's Approval

The Alabama Legislature recently passed HB-107, which would amend § 25-5-56 of The Alabama Workers’ Compensation Act. HB-107 was introduced by District 55 Representative Rod Scott (D) on January...

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  • 28
  • May
  • 2014

Alabama Employers will not be Guessed into Liability for Workers' Compensation Benefits

On May 16, 2014, the Alabama Court of Appeals released its opinion in Jesse Stutts, Inc. v. William Hughey overruling a trial court’s finding that the employee’s new injury was...

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  • 14
  • May
  • 2014

2014 Alabama Mileage Reimbursement Rate Update

Effective January 1, 2014, the standard mileage reimbursement rate for Alabama was decreased to 56 cents per mile.

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