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August 2010
- 29: Evidence Supports Finding of New Injury Rather Than Recurrence of Previous Injury (0)
- 24: Another Successful Defense Against Retaliatory Discharge Claim (0)
- 23: Alabama Court of Civil Appeals Considers Matter Involving Last Injurious Exposure Rule (0)
- 13: Another View of the Facts Does Not Support a Reversal (0)
- 13: Court of Civil Appeals Sets Forth Standard of Proof for Causation in Death Case (0)
- 02: Court of Appeals Reverses Summary Judgment Due to Evidence of Exceptions to Going and Coming Rule (0)
July 2010
- 25: Evidence of Earning Capacity Loss Held Inadmissible and Apportionment of Preexisting Conditions Not Allowed (0)
- 25: Permanent and Total Award Reversed Where Causation Not Proven by Substantial Evidence (0)
- 14: Claimants Must Continue to Satisfy Arising Out of Test (0)
- 09: Using Arbitration Forums Special Arbitration Agreement to Efficiently Subrogate Small Claims (0)
- 06: Is it Necessary to Secure a Separate HIPAA Release to Disperse Records to an Expert Witness? (0)
- 01: A Jury Can Make a Difference (0)
June 2010
- 22: Alabama Court of Appeals Says Dont Go Changing (0)
- 22: Going In-Depth with the Laws Governing Injured Oil Spill Workers Claims (0)
- 22: Workers Compensation Rate Changes Effective July 1, 2010 (0)
- 17: CMS New Policy Changes Announced in May 2010 Memo (0)
- 14: OIL SPILL LIKELY TO LEAD TO FUTURE WORKERS COMPENSATION CLAIMS (4)
- 11: TRIAL COURT REVERSED ON ORDER FOR PANEL OF FOUR BUT AFFIRMED ON NOTICE AND CAUSATION ISSUES (0)
- 11: UNITED STATES DISTRICT COURT DISMISSES RICO CLAIM (0)
- 08: NEW YORK PASSES ANTI WORKPLACE BULLYING STATUTE (0)
May 2010
April 2010
- 16: HOUSE BILL REGARDING CAP AND SCHEDULE DEAD IN THE WATER (0)
- 02: HOUSE BILL REGARDING CAP AND SCHEDULE PROBABLY DEAD FOR THIS SESSION (0)
March 2010
- 31: WHEN REFUSAL WILL STOP ENTITLEMENT TO BENEFITS (0)
- 31: VIOLATION OF A SAFETY RULE NOT ALWAYS WILLFUL MISCONDUCT (0)
- 26: EMPLOYER PREVAILS IN RICO CLAIM AGAINST EMPLOYEES (0)
- 23: TRIAL COURT DECISION TO REMOVE LEFT HAND INJURY FROM SCHEDULE IS REVERSED (0)
- 18: HIGH STANDARD FOR PAIN TO TAKE INJURY OUT OF SCHEDULE (0)
- 16: PLAINTIFF WINS RETALIATORY DISCHARGE CLAIM BUT IS AWARDED NO DAMAGES (0)
- 16: EMPLOYER WINS RETALIATORY DISCHARGE CLAIM ON APPEAL (0)
- 14: TAKING CONTROL OF DOCTOR REFERRALS (0)
- 14: PTSD HELD NOT TO BE A OCCUPATIONAL DISEASE IN ABSENCE OF PHYSICAL INJURY (0)
- 09: SEPARATION OF PHYSICIAN AND SURGEON (0)
February 2010
- 08: BIFURCATION CAN RESULT IN AN EARLY FINAL APPEALABLE ORDER (1)
- 08: PROPOSED REMOVAL OF $220 CAP AND SCHEDULE LIMITATION (0)
January 2010
- 30: COURT WITHDRAWS PRIOR OPINION AND RELEASES NEW OPINION CONCERNING AWW AND PERMANENT AND TOTAL AWARD (0)
- 27: MEDICARE TAKING AGGRESSIVE STAND ON RECOVERY OF CONDITIONAL PAYMENTS (0)
- 17: ALABAMA SUPREME COURT TO CONSIDER WHETHER UNEXPLAINED FALLS ARE COMPENSABLE (0)
- 17: SHELBY COUNTY JURY RETURNS $300,000.00 VERDICT IN RETALIATORY DISCHARGE CASE (0)
- 12: JURY VERDICT REVERSED ON APPEAL BECAUSE OF CO-EMPLOYEE STATUS OF INDIVIDUALLY NAMED DEFENDANT (0)
- 12: PAYING FULL WAGES MAY TOLL STATUTE OF LIMITATIONS (0)
- 06: GEORGIA COURT REAFFIRMS TWO PART TEST FOR CAUSATION (0)
December 2009
- 14: FCE HELD TO BE VIOLATION OF ADA (0)
- 11: UNITED STATES SUPREME COURT ALLOWS RICO CASE TO PROCEED (0)
November 2009
- 25: EMPLOYEE CONTACT BY OPPOSING COUNSEL (0)
- 25: ALABAMA WORKERS COMPENSATION FRAUD CONVICTIONS CONTINUE (0)
- 07: TRIAL COURT REVERSED ON FINDING THAT SHOULDER WAS A SCHEDULED INJURY BUT AFFIRMED ON FINDING THAT BACK INJURY WAS NOT COMPENSABLE (0)
- 07: DEFENDANTS PREVAIL ON MOTION FOR SUMMARY JUDGMENT BUT ARE PRECLUDED FROM RECOVERING SUBSTANTIAL COSTS WHERE REQUEST FOR SAME WAS UNTIMELY (0)
October 2009
- 28: JEFFERSON COUNTY JURY FINDS IN FAVOR OF EMPLOYER IN RETALIATORY DISCHARGE CLAIM (0)
- 26: ALABAMA WORKERS COMP BLAWG NAMED TO LEXISNEXIS TOP 25 BLOGS FOR WORKERS COMPENSATION (0)
- 16: EMPLOYER ORDERED TO PAY MEDICAL CHARGES THAT IT DISALLOWED IN BILL SCREENING PROCESS (0)
- 15: MISSING DOCUMENTS USED TO PROVE CASE (0)
- 12: SCHEDULED MEMBER INJURY AS A TOTAL OR PARTIAL LOSS (0)
- 12: SURVIVING DEPENDENT SPOUSE ENTITLED TO BENEFITS WHERE INJURED EMPLOYEE DIED DURING APPEAL (0)
- 03: TRIAL COURT REVERSED CONCERNING METHOD FOR CREDITING EMPLOYER FOR TTD PAYMENTS AFTER MMI (0)
- 01: FACEBOOK INFORMATION PROTECTED BY FEDERAL LAW (0)
September 2009
- 19: CLEAR AND CONVINCING EVIDENCE FOUND THAT WELDING JOB EITHER CAUSED OR CONTRIBUTED TO CHOROIDAL NEOVASCULARIZATION DESPITE LACK OF SUPPORTING EXPERT TESTIMONY (0)
- 15: NCOIL DEFERS CONSIDERATION OF EMPLOYEE MISCLASSIFICATION WORKERS COMPENSATION COVERAGE MODEL ACT (0)
- 14: INDIANA EMPLOYER FORCED TO PAY FOR OBESITY SURGERY (1)
- 04: EMPLOYER HELD TO BE PUT ON INQUIRY NOTICE WHEN COMPANY INFIRMARY STAFF IS MADE AWARE OF INFORMATION CONCERNING WORK INJURY (0)
- 04: PERMANENT AND TOTAL CASE REVERSED AND REMANDED WITH INSTRUCTIONS FOR TRIAL JUDGE TO CONSIDER EXTENT OF PAIN (0)
August 2009
- 30: TRIAL COURT REVERSED WHERE FINDINGS OF FACT AND CONCLUSIONS OF LAW ARE NOT MADE CONCERNING ALL ISSUES (0)
- 30: TRIAL COURT DECISION REVERSED WHERE ORDER CONTAINED NO FINDINGS OF FACT OR CONCLUSIONS OF LAW (0)
- 13: TWO WEEK DISCLOSURE REQUIREMENT (0)
July 2009
- 31: ALLEGING THAT OTHER EMPLOYEES DID IT DOES NOT ESTABLISH THAT THE EMPLOYER APPLIED POLICES IN A DISCRIMINATORY MANNER IN A RETALIATORY DISCHARGE CASE (0)
- 31: APPEAL OF NONFINAL JUDGMENT DENIED (0)
- 31: COEMPLOYEE WILLFUL CONDUCT CLAIMS DO NOT ARISE UNDER THE ACT (0)
- 22: IF YOU REFUSE YOU LOSE (0)
- 18: AWW CALCULATION AND PERMANENT AND TOTAL AWARD AFFIRMED (0)
- 02: FINDING OF CAUSATION IN STROKE CASE REVERSED (1)
June 2009
- 29: TRUCK DRIVERS PHYSICAL STRESS AND GRADUAL DETERIORATION VERDICT IS REVERSED A SECOND TIME (2)
- 19: SUMMARY JUDGMENT FOR EMPLOYER ON RETALIATORY DISCHARGE CLAIM IS AFFIRMED (0)
- 19: THE FIGHT CONTINUES AGAINST THE FEDERALIZATION OF WORKERS' COMPENSATION (0)
- 17: NCOIL TO CONSIDER EMPLOYEE MISCLASSIFICATION WORKERS COMPENSATION COVERAGE MODEL ACT (0)
- 16: POOR ECONOMY EQUALS MORE FRAUD (0)
- 06: TRIAL COURT CANNOT LIBERALLY CONSTRUE A SETTLEMENT AGREEMENT AGAINST THE EMPLOYER (0)
May 2009
- 27: REPRESENTATIVE TANNER REINTRODUCES WC MEDICARE SET-ASIDE REFORM (0)
- 24: SUPREME COURT DENIES PETITION BUT ADDRESSES AUTHORIZED TREATING PHYSICIANS (0)
- 15: RICO CASE GOES TO SUPREME COURT (0)
- 11: CANNOT USE FRIENDS TO ACCESS FACEBOOK AND MYSPACE PAGES (0)
- 11: EVIDENCE RELATING HIP INJURY TO COMPENSABLE KNEE INJURY HELD INSUFFICIENT (0)
- 11: TRIAL COURT CANNOT COMPEL PAYMENT FOR MEDICAL TREATMENT BEFORE DETERMINATION OF COMPENSABILITY (0)
April 2009
- 27: FOLLOW UP TO SB 381 AFFECTING COLLATERAL ESTOPPEL DEFENSE IN RETALIATORY DISCHARGE CASES (0)
- 27: NOTICE OF ORIGINAL SYMPTOMS SUFFICIENT EVEN WHEN SYMPTOMS MANIFEST THEMSELVES INTO SUBSEQUENT INJURY DATE (0)
- 20: NEW BILL IS FIRST STEP TOWARDS FEDERALIZATION OF WORKERS' COMPENSATION (1)
- 20: MILEAGE FOR ONE ROUND TRIP TO PHARMACY NOW REIMBURSABLE (0)
- 20: UNEXPLAINED FALLS ARE NOW CONSIDERED COMPENSABLE (1)
- 08: CMS TO INDEPENDENTLY PRICE AND CALCULATE FUTURE PRESECRIPTION DRUG TREATMENT (0)
- 07: EMPLOYEE CAN REFUSE PSYCH TREATMENT AND STILL BE CONSIDERED PERMANENTLY AND TOTALLY DISABLED (0)
March 2009
- 25: POSSIBLE DEFENSE ATTORNEY IMMUNITY TO CMS LIABILITY (0)
- 21: DOCTOR SUED FOR RELEASING MEDICAL RECORDS TO EMPLOYER (1)
- 20: YOU CAN DENY THE CLAIM WHILE MAINTAINING CONTROL OF THE MEDICAL BENEFITS (0)
- 06: PERMANENT AND TOTAL AWARD FOR SHOULDER UPHELD (0)
- 02: NEW BILL (SB 381) AFFECTING COLLATERAL ESTOPPEL DEFENSE IN RETALIATORY DISCHARGE CASES INTRODUCED IN 2009 SESSION OF ALABAMA LEGISLATURE (0)
February 2009
- 26: CMS PURSUES RECOVERY DIRECTLY AGAINST ATTORNEY (0)
- 20: PERMANENT AND TOTAL AWARD FOR LEG INJURY REVERSED (0)
- 17: NEW BILL (HB 18) AFFECTING WORKERS' COMPENSATION INTRODUCED IN 2009 SESSION OF ALABAMA LEGISLATURE (0)
- 16: EMPLOYER AND EMPLOYEE FRAUD INTERVIEW (0)
- 10: ALABAMA CONTROLLED SUBSTANCES PRESCRIPTION DATABASE (1)
- 07: FIRE EXTINGUISHER HELD NOT TO BE A SAFETY DEVICE ON A MACHINE FOR PURPOSES OF SECTION 25-5-11(c)(2) (0)
- 06: DENYING CLAIM MAY RESULT IN LOSS OF ABILITY TO CHOOSE DOCTOR (0)
- 06: NONRESIDENT ALIEN DEPENDENTS NOT ENTITLED TO DEATH BENEFITS (0)
January 2009
- 23: DOCTOR HELD NOT TO BE AUTHORIZED TREATING PHYSICIAN WHERE REFERRAL IS MADE FOR LIMITED PURPOSE (0)
- 20: UNEMPLOYMENT HEARING AFFECTS AFFIRMATIVE DEFENSE IN RETALIATORY DISCHARGE CASE (0)
- 20: AGE DISCRIMINATION DISMISSAL REVERSED (0)
- 02: 2009 MILEAGE REIMBURSEMENT RATE (1)
December 2008
- 20: TRIAL COURT'S DECISION TO CIRCUMVENT SCHEDULE FOR KNEE INJURY REVERSED (0)
- 20: TRIAL COURT'S FINDING OF OCCUPATIONAL DISEASE IS REVERSED (0)
- 16: CMS SUED OVER MEMORANDUM OPINION (0)
- 13: DOUBLE INDEMNITY ASSESSED AGAINST EMPLOYER (0)
- 13: CIRCUMVENTING THE SCHEDULE (0)
- 07: REFUSAL OF PSYCHOLOGICAL AND PSYCHIATRIC TREATMENT (0)
November 2008
- 22: ALABAMA WORKERS' COMPENSATION FRAUD UNIT (0)
- 20: ATTORNEY GENERAL SUCCESSFULLY PROSECUTES WORKERS' COMPENSATION FRAUD (0)
- 07: ABA PRESIDENT DECRIES EXPENSIVE 2008 STATE JUDICIAL RACES (0)
- 05: ELECTION RESULTS (0)
- 02: SECOND INJURY CONSIDERED CONTINUATION OF OLD INJURY (0)
- 02: PAIN EXCEPTION TO SCHEDULE (0)
- 02: METHOD FOR AWW CALCULATION IS MANDATORY (0)
October 2008
- 29: RICO AS ALTERNATIVE TO OUTRAGE (0)
- 27: RACIALLY MOTIVATED ATTACK DEEMED NOT COMPENSABLE (0)
- 19: ALTERED GAIT LEADS TO REMOVAL FROM SCHEDULE AND P and T AWARD (0)
- 13: NO EVIDENCE OF PERMANENT IMPAIRMENT OR VOCATIONAL LOSS (0)
- 06: FUTURE MEDICAL BENEFITS FOR RIGHT KNEE ARE SPECIFICALLY CLOSED IN SETTLEMENT AGREEMENT ... OR ARE THEY??? (0)
September 2008
- 22: ELECTIONS (0)
- 22: ATTACK ON THE $220 CAP (1)
- 22: CAUSATION (0)
- 22: CO-EMPLOYEE HELD IMMUNE FROM LIABILITY FOR NEGLIGENT/WANTON CONDUCT (0)
