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January 2012
- 23: Finding of Compensability Reversed Where Burden of Proof not Satisfied (0)
- 23: Collateral Estoppel Does Not Work Both Ways (0)
- 23: Receiving Unemployment Benefits Does not Prevent a Permanent and Total Award (0)
- 22: Court Makes Finding of Pain that is Totally or Virtually Totally Disabling (0)
- 22: Gas Exposure Death Deemed Compensable Despite Controversial Lab Results (0)
- 22: The Effect of Affiliates on Proper Venue (0)
- 22: Venue Proper in County of Employee’s Residence at Time of Injury (0)
- 15: Affect of New Alabama Immigration Law on Workers' Compensation (0)
December 2011
- 31: Senate Bill Proposes Several Changes to the Alabama Workers’ Compensation Act (0)
- 29: Verdict for Employer Reversed due to Inconsistencies in Medical Records (0)
- 16: Alabama Workers' Compensation Organization Membership Deadline (0)
November 2011
- 23: Handheld Cell Phones Banned for Commercial Truck and Bus Drivers (0)
- 07: Alabama Department of Insurance Licensing Requirements for Workers’ Compensation Adjusters (0)
October 2011
- 28: Missouri Court rules that Occupational Disease can be Pursued in Tort or as Workers’ Compensation Claim (0)
- 20: Accident Caused By Answering Cell Phone While Driving Deemed Compensable in Virginia (0)
- 19: Exclusivity and Special Employers (0)
- 10: Alabama Supreme Court Upholds Alabama Court of Civil Appeals’s Decision in Ex parte Cascaden Pertaining to Misrepresentation Defense (0)
September 2011
- 27: Medicare Interests Considered Protected Despite Lack of CMS Review (0)
- 19: Trial Judge Orders Employer to Pay for Pain Management Despite Opinion of Two Treating Physicians that Pain was not Related to Job Injury (0)
- 13: Arbitration Agreement Which Splits Costs of Arbitration Cannot be Modified by Trial Court (0)
August 2011
- 30: The Medicare Secondary Payer Charitable Foundation Announces Free Professional Medicare Set Aside Administration for Qualified Beneficiaries (0)
- 24: Theory of Continuing Accrual Not Recognized By Court in Conditional Payment Reimbursement Claims (0)
- 20: The Pain Exception to a Scheduled Injury is Exceptionally High (0)
- 05: Employer Not Required to Rely on Misrepresentation of Prior Condition in Order to Prevail on Affirmative Defense (0)
July 2011
- 21: 2011 Mileage Reimbursement Rate Mid Year Update (1)
- 01: Blood Clot Deemed Compensable in New Jersey (1)
June 2011
- 29: The Genetic Information Non-Discrimination Act of 2008 (0)
- 28: New Evidence May Be Introduced to Determine AWW on Remand from Appellate Court (0)
- 20: AIGA Reimbursement Claims Subject to Six Year Statute of Limitations (0)
- 20: The Exclusivity Provisions of the Act Apply to An Employers Tortious Conduct Committed Within the Bounds of the Employers Proper Role (0)
- 16: A Tustle Down Under Considered Compensable (0)
- 14: Workers Compensation Rate Change Effective July 1, 2011 (0)
- 10: Alabama Legislature Adopts Daubert Scientific Evidence Standard (0)
May 2011
- 26: CMS Reiterates and Clarifies Its Policy Regarding Workers Compensation Medicare Set Aside Proposal Review Thresholds (0)
- 13: Dog Killer Awarded Workers Compensation Benefits For Post Traumatic Stress Disorder (0)
- 10: A Specific Purpose Doctor Cannot Make Referrals for Treatment that Fall Outside that Specific Purpose (0)
April 2011
- 27: Driving Distracted Should be a Safety Rule Violation (0)
- 22: Alabama Supreme Court Upholds Two Part Causation Test (0)
- 20: Alabama Court of Appeals Reverses Trial Court Finding of Employment Relationship (0)
- 18: Merely Having Your Product Sold in a County Does Not Constitute Doing Business By Agent for Purposes of Venue (0)
- 02: Employee Mauled By Bear After Smoking Pot Wins Workers’ Compensation Benefits (0)
March 2011
- 25: Alabama Court of Civil Appeals Affirms Retaliatory Discharge Verdict in favor of Employee (0)
- 24: Physical Injury to Other Body Parts not Necessary to Remove from Schedule (0)
- 02: Employer Ordered to Continue to Pay Medical Benefits Despite Settlement of Same Where CMS Declines to Accept Proposed MSA Trust Allocation (0)
February 2011
- 18: Special Employer Protected by Exclusive Remedy Doctrine (0)
- 02: Alabama Court of Civil Appeals Reverses Finding of Employer-Employee Relationship (0)
January 2011
- 30: 2011 Mileage Reimbursement Rate (0)
December 2010
- 29: Psych can be Pain Exception for Scheduled Injury (0)
- 13: Pain Must Reach Disabling Levels To Move Injury Outside of Schedule (0)
November 2010
- 19: Retaliatory Discharge Claim Survives Plaintiff’s Death (0)
- 03: Alabama Supreme Court Affirms Retaliatory Discharge Bench Verdict in Favor of Employee (0)
October 2010
- 29: Verdict for Employee Reversed due to Notice and Statute of Limitations Violations (0)
- 15: NY Judge Grants Discovery of Facebook and Myspace Postings (0)
- 05: Government Loses in MSPA Claim - US v. Stricker (0)
- 01: Court of Civil Appeals Upholds Ruling on Medical Causation and Health Insurance Premium Reimbursement (0)
September 2010
- 28: RICO Not an Exception to the Exclusive Remedy Provision in Michigan (0)
- 16: Employers Cannot Expressly Limit Authorized Doctor’s Ability to Make a Referral (0)
- 11: Asthma Attacks Or Similar Conditions Can be Occupational Disease or Accidental Injury (0)
- 11: Retaliatory Discharge Claim May Proceed to Arbitration (0)
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 (0)
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)
