Alabama Workers' Comp Blawg

  • 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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  • 12
  • Apr
  • 2014

Alabama Court Considers Temporary Flare up of a Preexisting Condition

The Alabama Court of Civil Appeals recently released an opinion wherein it considered the difference between a temporary flare versus a permanent aggravation of a preexisting condition. In Madison...

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  • 12
  • Apr
  • 2014

Alabama Court Considers Facts Necessary to Remove Injury from Schedule

The Court of Appeals recently reversed a trial court’s decision awarding benefits outside of the statutory schedule in American Cast Iron Pipe Company v. Sharon Blackmon. The Court also reversed...

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  • 27
  • Mar
  • 2014

1099 Not the Only Factor to be Considered When Determining Whether Alabama Contractor Qualifies as Employee

On March 14, 2014, the Alabama Court of Civil Appeals released its opinion in the case of Michael Brown v. Dixie Contracting Company and Salter’s Exterminating Company, Inc. In...

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  • 27
  • Mar
  • 2014

The Alabama Exclusivity Provision Applied to a Breach of Contract Claim Against Employer

Sheila W. Austin, as admin. of the estate of Rose W. McMillan v. Providence Hosp. and Sedgwick Claim Management. Services, Inc.   Released March 21, 2014 The deceased employee’s representative appealed Summary Judgment...

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  • 27
  • Feb
  • 2014

Alabama Car Accident Probably Handled Differently in New Jersey

St. Louis attorney, J. Bradley Young, recently posted an interesting blog article entitled This Story Shows Why Employers are Frustrated with Workers Comp Judges. In the article, he reported...

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  • 24
  • Feb
  • 2014

Contract for Hire in Alabama Does not Necessarily Mean Alabama Benefits

Ex parte Southern Erectors, Inc. Petition for Writ of Mandamus On February 21, 2014, the Alabama Court of Civil Appeals granted Southern Erectors, Inc.’s (SEI) Petition for Writ of Mandamus. The...

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  • 01
  • Feb
  • 2014

American Bar Association 2014 Workers' Compensation Midwinter Seminar and Conference

The Annual Midwinter Conference will be held this year in Chicago from March 13 until March 15 at the Conrad Chicago Hotel. It is a jointly sponsored by the...

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  • 27
  • Jan
  • 2014

Supreme Court Affirms Summary Judgment in Favor of Special Employer

On January 24, 2014, the Supreme Court of Alabama affirmed the Circuit Court of Shelby County Alabama’s decision, without opinion, in the case of Vinson v. G & R...

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  • 30
  • Dec
  • 2013

Alabama Enacts New Pain Management Laws

A recent report from the Centers for Disease Control and Prevention (CDC) found that Alabama was among the top twenty (20) states nationally in number of drug overdose deaths each...

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  • 30
  • Oct
  • 2013

Australian High Court Holds Sex Injury During Business Trip Not to be Compensable

Now that I have your attention, let me elaborate. An Australian federal employee was on a business trip when she met up with a man and had sex with...

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  • 28
  • Sep
  • 2013

Alabama Supreme Court Says Post-Accident Investigation Reports are not Always Protected as Work Product

On September 27, 2013, the Alabama Supreme Court released its opinion in Ex parte Schnitzer Steel Industries, Inc. wherein it addressed the discoverability of post-accident investigation reports.�� The subject report...

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  • 25
  • Sep
  • 2013

Alabama Court of Appeals Rules that Employer is not Entitled to Credit for Wages Paid to Injured Employee

On September 20, 2013, the Alabama Court of Civil Appeals released its opinion in the case of Malone v. Steelcase, Inc., dealing with the applicability of § 25-5-57(c)(3) of The...

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  • 12
  • Sep
  • 2013

Alabama Court of Civil Appeals Reverses Permanent and Total Award

On September 9, 2013, the Alabama Court of Civil Appeals released its opinion in SouthernCare, Inc v. Margaret Cowart wherein it reaffirmed that a mere possibility does not establish medical...

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