Alabama Workers' Comp Blawg

  • 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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  • 16
  • Aug
  • 2013

Alabama Court of Civil Appeals Reverses in Round Three of Scheduled Injury Case

On August 16, 2013, The Alabama Court of Civil Appeals released its opinion in the matter of DuBose Construction Company, LLC v. James Simmon. This was the third time...

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  • 13
  • Aug
  • 2013

Alabama Tort Claims Involving Workplace Conditions Are Precluded by the Exclusivity Doctrine

On August 9, 2013, the Alabama Court of Civil Appeals released its decision in Devero v. North American Bus Industries, in which it upheld summary judgment in favor of North...

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  • 31
  • Jul
  • 2013

Portions of Post-Offer Medical Examinations May Violate Federal Law

The EEOC filed lawsuits this past May, claiming that employers had violated the Genetic Information Nondiscrimination Act (GINA) and the Americans with Disabilities Act (ADA) when they required applicants to...

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  • 30
  • Jul
  • 2013

Alabama Court Persuaded by Employee's Testimony Instead of Medical Evidence

The Alabama Court of Civil Appeals recently affirmed a trial court’s determination of disability which was based on the employee’s subjective complaints of pain and her appearance of physical disability...

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  • 26
  • Jul
  • 2013

Alabama Courts Consider Twilight Zone of Concurrent Jurisdiction

The Supreme Court of Alabama recently addressed preemption of the Alabama Workers’ Compensation Act by the Federal Longshore and Harbors Workers’ Compensation Act (LHWCA) in Fernando Rodriguez-Flores v. U.S. Coatings,...

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  • 22
  • Jul
  • 2013

Alabama Judges can Assign Disability Ratings that are Lower than the Impairment Rating Assigned by the Doctor

On July 19, 2013, the Alabama Court of Civil Appeals released its opinion in Gore v. Lafarge North America, Inc. wherein it addressed the trial judge’s ability to assign a...

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  • 22
  • Jul
  • 2013

Alabama Workers Compensation Rate Change Effective July 1, 2013

For claims occurring on or after July 1, 2013, the maximum workers’ compensation rate is $788 per week and the minimum is $217 per week. This change is based...

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