Alabama Workers' Comp Blawg

  • 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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  • 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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