$220 Cap

• A Specific Purpose Doctor Cannot Make Referrals for Treatment that Fall Outside that Specific Purpose (0)
• JURY VERDICT REVERSED ON APPEAL BECAUSE OF CO-EMPLOYEE STATUS OF INDIVIDUALLY NAMED DEFENDANT (0)
• SUMMARY JUDGMENT FOR EMPLOYER ON RETALIATORY DISCHARGE CLAIM IS AFFIRMED (0)
• ATTACK ON THE $220 CAP (1)

ADA/FMLA/PDA/GINA

• The Genetic Information Non-Discrimination Act of 2008 (0)

Appeals

• BIFURCATION CAN RESULT IN AN EARLY FINAL APPEALABLE ORDER (1)
• APPEAL OF NONFINAL JUDGMENT DENIED (0)

Apportionment

• Evidence of Earning Capacity Loss Held Inadmissible and Apportionment of Preexisting Conditions Not Allowed (0)

Authorized Treating Physician

• SUPREME COURT DENIES PETITION BUT ADDRESSES AUTHORIZED TREATING PHYSICIANS (0)
• YOU CAN DENY THE CLAIM WHILE MAINTAINING CONTROL OF THE MEDICAL BENEFITS (0)
• DOCTOR HELD NOT TO BE AUTHORIZED TREATING PHYSICIAN WHERE REFERRAL IS MADE FOR LIMITED PURPOSE (0)

Average Weekly Wage

• Workers Compensation Rate Change Effective July 1, 2012 (0)
• New Evidence May Be Introduced to Determine AWW on Remand from Appellate Court (0)
• Workers Compensation Rate Change Effective July 1, 2011 (0)
• Workers Compensation Rate Changes Effective July 1, 2010 (0)
• COURT WITHDRAWS PRIOR OPINION AND RELEASES NEW OPINION CONCERNING AWW AND PERMANENT AND TOTAL AWARD (0)
• AWW CALCULATION AND PERMANENT AND TOTAL AWARD AFFIRMED (0)
• METHOD FOR AWW CALCULATION IS MANDATORY (0)

Awards

• ALABAMA WORKERS COMP BLAWG NAMED TO LEXISNEXIS TOP 25 BLOGS FOR WORKERS COMPENSATION (0)

Benefits

• Worker Can Say FUB and Still Get TTD (0)
• WHEN REFUSAL WILL STOP ENTITLEMENT TO BENEFITS (0)
• TRIAL COURT REVERSED CONCERNING METHOD FOR CREDITING EMPLOYER FOR TTD PAYMENTS AFTER MMI (0)

Bills

• EMPLOYER ORDERED TO PAY MEDICAL CHARGES THAT IT DISALLOWED IN BILL SCREENING PROCESS (0)

Burden of Proof

• Alabama Supreme Court Reverses Court of Civil Appeals Holding in Ex parte Caldwell (0)
• Finding of Compensability Reversed Where Burden of Proof not Satisfied (0)

Causation

• Alabama Court of Civil Appeals Considers Last Injurious Exposure Rule (0)
• Unexplained Falls are not Compensable in Alabama (0)
• Alabama Judge Addresses Link Between Manual Labor and Cumulative Trauma Injuries (0)
• Experiencing Temporary Symptoms does not Constitute a Permanent Aggravation (0)
• Alabama Court of Civil Appeals Reverses Order Requiring Employer to Pay Medical on Twenty Five Year Old Injury (0)
• Once Bitten Twice Denied (0)
• Court Looks at Totality of Circumstances and Determines Accident did not Arise out of or in the Course of Employment (0)
• Rattlesnake Roundup Gone Awry (0)
• Court of Appeals Upholds Two-Part Test for Causation but Affirms Judgment for Employee (0)
• Alabama Court of Civil Appeals Addresses Medical Causation (0)
• Gas Exposure Death Deemed Compensable Despite Controversial Lab Results (0)
• Blood Clot Deemed Compensable in New Jersey (1)
• A Tustle Down Under Considered Compensable (0)
• Alabama Supreme Court Upholds Two Part Causation Test (0)
• Verdict for Employee Reversed due to Notice and Statute of Limitations Violations (0)
• Court of Civil Appeals Upholds Ruling on Medical Causation and Health Insurance Premium Reimbursement (0)
• Alabama Court of Civil Appeals Considers Matter Involving Last Injurious Exposure Rule (0)
• Permanent and Total Award Reversed Where Causation Not Proven by Substantial Evidence (0)
• Claimants Must Continue to Satisfy Arising Out of Test (0)
• ALABAMA SUPREME COURT TO CONSIDER WHETHER UNEXPLAINED FALLS ARE COMPENSABLE (0)
• GEORGIA COURT REAFFIRMS TWO PART TEST FOR CAUSATION (0)
• CLEAR AND CONVINCING EVIDENCE FOUND THAT WELDING JOB EITHER CAUSED OR CONTRIBUTED TO CHOROIDAL NEOVASCULARIZATION DESPITE LACK OF SUPPORTING EXPERT TESTIMONY (0)
• FINDING OF CAUSATION IN STROKE CASE REVERSED (1)
• TRUCK DRIVERS PHYSICAL STRESS AND GRADUAL DETERIORATION VERDICT IS REVERSED A SECOND TIME (2)
• UNEXPLAINED FALLS ARE NOW CONSIDERED COMPENSABLE (1)
• CAUSATION (0)

Co-Employee/Willful Conduct/Safety Guard Removal

• FIRE EXTINGUISHER HELD NOT TO BE A SAFETY DEVICE ON A MACHINE FOR PURPOSES OF SECTION 25-5-11(c)(2) (0)

Death Benefits

• Alabama Court of Civil Appeals Affirms Award of Death Benefits (0)
• Court of Civil Appeals Sets Forth Standard of Proof for Causation in Death Case (0)
• SURVIVING DEPENDENT SPOUSE ENTITLED TO BENEFITS WHERE INJURED EMPLOYEE DIED DURING APPEAL (0)
• NONRESIDENT ALIEN DEPENDENTS NOT ENTITLED TO DEATH BENEFITS (0)

Discovery

• NY Judge Grants Discovery of Facebook and Myspace Postings (0)
• Is it Necessary to Secure a Separate HIPAA Release to Disperse Records to an Expert Witness? (0)
• MISSING DOCUMENTS USED TO PROVE CASE (0)
• FACEBOOK INFORMATION PROTECTED BY FEDERAL LAW (0)
• CANNOT USE FRIENDS TO ACCESS FACEBOOK AND MYSPACE PAGES (0)

Elections

• ABA PRESIDENT DECRIES EXPENSIVE 2008 STATE JUDICIAL RACES (0)
• ELECTION RESULTS (0)
• ELECTIONS (0)

Employee Contact

• EMPLOYEE CONTACT BY OPPOSING COUNSEL (0)

Employee/Subcontractor/Special Employer

• Exclusivity and Special Employers (0)
• Alabama Court of Appeals Reverses Trial Court Finding of Employment Relationship (0)
• Special Employer Protected by Exclusive Remedy Doctrine (0)
• Alabama Court of Civil Appeals Reverses Finding of Employer-Employee Relationship (0)

Evidence/Witnesses

• Verdict for Employer Reversed due to Inconsistencies in Medical Records (0)

Experts

• Alabama Legislature Adopts Daubert Scientific Evidence Standard (0)

FCE

• FCE HELD TO BE VIOLATION OF ADA (0)

Fraud

• EMPLOYER PREVAILS IN RICO CLAIM AGAINST EMPLOYEES (0)
• ALABAMA WORKERS COMPENSATION FRAUD CONVICTIONS CONTINUE (0)
• NCOIL TO CONSIDER EMPLOYEE MISCLASSIFICATION WORKERS COMPENSATION COVERAGE MODEL ACT (0)
• POOR ECONOMY EQUALS MORE FRAUD (0)
• EMPLOYER AND EMPLOYEE FRAUD INTERVIEW (0)
• ALABAMA CONTROLLED SUBSTANCES PRESCRIPTION DATABASE (1)

Going/Coming

• Court Addresses Traveling Employee Exception to Coming and Going Rule (0)
• Court of Appeals Reverses Summary Judgment Due to Evidence of Exceptions to Going and Coming Rule (0)

Immunity

• CO-EMPLOYEE HELD IMMUNE FROM LIABILITY FOR NEGLIGENT/WANTON CONDUCT (0)

Impairment/Disability

• Employee Mauled By Bear After Smoking Pot Wins Workers’ Compensation Benefits (0)
• REFUSAL OF PSYCHOLOGICAL AND PSYCHIATRIC TREATMENT (0)
• NO EVIDENCE OF PERMANENT IMPAIRMENT OR VOCATIONAL LOSS (0)

Intentional Acts of Third Parties

• RACIALLY MOTIVATED ATTACK DEEMED NOT COMPENSABLE (0)

Judgment/Order

• TRIAL COURT REVERSED WHERE FINDINGS OF FACT AND CONCLUSIONS OF LAW ARE NOT MADE CONCERNING ALL ISSUES (0)
• TRIAL COURT DECISION REVERSED WHERE ORDER CONTAINED NO FINDINGS OF FACT OR CONCLUSIONS OF LAW (0)

Legislation

• Bipartisan Medicare Legislation Introduced to the House of Representatives (1)
• SMART Act Improves Medicare Conditional Payment System (0)
• SB 77 Update (0)
• Legislation Seeking to Strengthen the Impairment Defense (0)
• Is the Civil Tort Remedy System Better or Worse for Employers than the Regular State WC System? (0)
• Affect of New Alabama Immigration Law on Workers' Compensation (0)
• Senate Bill Proposes Several Changes to the Alabama Workers’ Compensation Act (0)
• NEW YORK PASSES ANTI WORKPLACE BULLYING STATUTE (0)
• HOUSE BILL REGARDING CAP AND SCHEDULE DEAD IN THE WATER (0)
• HOUSE BILL REGARDING CAP AND SCHEDULE PROBABLY DEAD FOR THIS SESSION (0)
• PROPOSED REMOVAL OF $220 CAP AND SCHEDULE LIMITATION (0)
• NCOIL DEFERS CONSIDERATION OF EMPLOYEE MISCLASSIFICATION WORKERS COMPENSATION COVERAGE MODEL ACT (0)
• THE FIGHT CONTINUES AGAINST THE FEDERALIZATION OF WORKERS' COMPENSATION (0)
• FOLLOW UP TO SB 381 AFFECTING COLLATERAL ESTOPPEL DEFENSE IN RETALIATORY DISCHARGE CASES (0)
• NEW BILL IS FIRST STEP TOWARDS FEDERALIZATION OF WORKERS' COMPENSATION (1)
• NEW BILL (SB 381) AFFECTING COLLATERAL ESTOPPEL DEFENSE IN RETALIATORY DISCHARGE CASES INTRODUCED IN 2009 SESSION OF ALABAMA LEGISLATURE (0)
• NEW BILL (HB 18) AFFECTING WORKERS' COMPENSATION INTRODUCED IN 2009 SESSION OF ALABAMA LEGISLATURE (0)

Licensing

• Alabama Department of Insurance Licensing Requirements for Workers’ Compensation Adjusters (0)

Medical Benefit Closure

• FUTURE MEDICAL BENEFITS FOR RIGHT KNEE ARE SPECIFICALLY CLOSED IN SETTLEMENT AGREEMENT ... OR ARE THEY??? (0)

Medical Records/Confidentiality

• DOCTOR SUED FOR RELEASING MEDICAL RECORDS TO EMPLOYER (1)

Medical Treatment

• Trial Judge Orders Employer to Pay for Pain Management Despite Opinion of Two Treating Physicians that Pain was not Related to Job Injury (0)
• Employers Cannot Expressly Limit Authorized Doctor’s Ability to Make a Referral (0)
• TAKING CONTROL OF DOCTOR REFERRALS (0)
• INDIANA EMPLOYER FORCED TO PAY FOR OBESITY SURGERY (1)
• DENYING CLAIM MAY RESULT IN LOSS OF ABILITY TO CHOOSE DOCTOR (0)

Medicare Set Aside Agreements

• Medicare Interests Considered Protected Despite Lack of CMS Review (0)
• The Medicare Secondary Payer Charitable Foundation Announces Free Professional Medicare Set Aside Administration for Qualified Beneficiaries (0)
• CMS Reiterates and Clarifies Its Policy Regarding Workers Compensation Medicare Set Aside Proposal Review Thresholds (0)
• Employer Ordered to Continue to Pay Medical Benefits Despite Settlement of Same Where CMS Declines to Accept Proposed MSA Trust Allocation (0)
• CMS New Policy Changes Announced in May 2010 Memo (0)
• MEDICARE TAKING AGGRESSIVE STAND ON RECOVERY OF CONDITIONAL PAYMENTS (0)
• REPRESENTATIVE TANNER REINTRODUCES WC MEDICARE SET-ASIDE REFORM (0)
• CMS TO INDEPENDENTLY PRICE AND CALCULATE FUTURE PRESECRIPTION DRUG TREATMENT (0)
• POSSIBLE DEFENSE ATTORNEY IMMUNITY TO CMS LIABILITY (0)
• CMS PURSUES RECOVERY DIRECTLY AGAINST ATTORNEY (0)
• CMS SUED OVER MEMORANDUM OPINION (0)

Mileage Reimbursement Rate

• 2013 Alabama Mileage Reimbursement Rate Update (0)
• 2011 Mileage Reimbursement Rate Mid Year Update (1)
• 2011 Mileage Reimbursement Rate (0)
• 2009 MILEAGE REIMBURSEMENT RATE (0)

Mileage/Expense

• TWO WEEK DISCLOSURE REQUIREMENT (0)
• MILEAGE FOR ONE ROUND TRIP TO PHARMACY NOW REIMBURSABLE (0)

Misrepresentation of Prior Condition

• Use of Common Law Defense of Misrepresentation in Workers Compensation (0)
• Alabama Supreme Court Upholds Alabama Court of Civil Appeals’s Decision in Ex parte Cascaden Pertaining to Misrepresentation Defense (0)
• Employer Not Required to Rely on Misrepresentation of Prior Condition in Order to Prevail on Affirmative Defense (0)

Motions/Hearings/Trials

• DEFENDANTS PREVAIL ON MOTION FOR SUMMARY JUDGMENT BUT ARE PRECLUDED FROM RECOVERING SUBSTANTIAL COSTS WHERE REQUEST FOR SAME WAS UNTIMELY (0)
• TRIAL COURT CANNOT COMPEL PAYMENT FOR MEDICAL TREATMENT BEFORE DETERMINATION OF COMPENSABILITY (0)

Notice

• TRIAL COURT REVERSED ON ORDER FOR PANEL OF FOUR BUT AFFIRMED ON NOTICE AND CAUSATION ISSUES (0)
• EMPLOYER HELD TO BE PUT ON INQUIRY NOTICE WHEN COMPANY INFIRMARY STAFF IS MADE AWARE OF INFORMATION CONCERNING WORK INJURY (0)
• NOTICE OF ORIGINAL SYMPTOMS SUFFICIENT EVEN WHEN SYMPTOMS MANIFEST THEMSELVES INTO SUBSEQUENT INJURY DATE (0)

Occupational Disease

• Missouri Court rules that Occupational Disease can be Pursued in Tort or as Workers’ Compensation Claim (0)
• Asthma Attacks Or Similar Conditions Can be Occupational Disease or Accidental Injury (0)
• PTSD HELD NOT TO BE A OCCUPATIONAL DISEASE IN ABSENCE OF PHYSICAL INJURY (0)
• TRIAL COURT'S FINDING OF OCCUPATIONAL DISEASE IS REVERSED (0)

Organizations/Associations/Conferences

• Alabama Workers Compensation Organization 2013 Dues and Spring Conference (0)
• Scott Baio, Joan Jett, Bilbo Baggins, and Tommy Lasorda (0)
• Alabama Workers Compensation Organization 2012 Fall Conference (0)
• Alabama Workers Compensation Organization 2012 Fall Conference (0)
• Free Registration for New Orleans Workers' Compensation Conference (0)
• Alabama Workers’ Compensation Organization 2012 Spring Conference (2)
• Alabama Workers' Compensation Organization Membership Deadline (0)

Outrage/Intentional Torts

• Discoverable Records in an Outrage Claim (0)
• The Exclusivity Provisions of the Act Apply to An Employers Tortious Conduct Committed Within the Bounds of the Employers Proper Role (0)
• RICO Not an Exception to the Exclusive Remedy Provision in Michigan (0)
• UNITED STATES DISTRICT COURT DISMISSES RICO CLAIM (0)
• UNITED STATES SUPREME COURT ALLOWS RICO CASE TO PROCEED (0)
• RICO CASE GOES TO SUPREME COURT (0)
• RICO AS ALTERNATIVE TO OUTRAGE (0)

Panel of Four

• SEPARATION OF PHYSICIAN AND SURGEON (0)

Penalties

• DOUBLE INDEMNITY ASSESSED AGAINST EMPLOYER (0)

Permanent and Total

• Alabama Court of Civil Appeals Addresses Several Issues in Affirming Permanent and Total Award (0)
• Alabama’s Judicial Estoppel Defense in Workers’ Compensation Matters... Use it or Lose it! (0)
• Court of Civil Appeals Addresses Misrepresentation Defense, Estoppel, Pre-Existing Conditions, Causation, and Permanent and Total Disability (0)
• Receiving Unemployment Benefits Does not Prevent a Permanent and Total Award (0)
• Court Makes Finding of Pain that is Totally or Virtually Totally Disabling (0)
• PERMANENT AND TOTAL CASE REVERSED AND REMANDED WITH INSTRUCTIONS FOR TRIAL JUDGE TO CONSIDER EXTENT OF PAIN (0)
• IF YOU REFUSE YOU LOSE (0)
• EMPLOYEE CAN REFUSE PSYCH TREATMENT AND STILL BE CONSIDERED PERMANENTLY AND TOTALLY DISABLED (0)
• PERMANENT AND TOTAL AWARD FOR SHOULDER UPHELD (0)

Psych/Mental

• Dog Killer Awarded Workers Compensation Benefits For Post Traumatic Stress Disorder (0)

Retaliatory Discharge

• Collateral Estoppel Does Not Work Both Ways (0)
• Arbitration Agreement Which Splits Costs of Arbitration Cannot be Modified by Trial Court (0)
• Alabama Court of Civil Appeals Affirms Retaliatory Discharge Verdict in favor of Employee (0)
• Retaliatory Discharge Claim Survives Plaintiff’s Death (0)
• Alabama Supreme Court Affirms Retaliatory Discharge Bench Verdict in Favor of Employee (0)
• Retaliatory Discharge Claim May Proceed to Arbitration (0)
• Another Successful Defense Against Retaliatory Discharge Claim (0)
• RETALIATORY DISCHARGE VERDICT REVERSED (0)
• PLAINTIFF WINS RETALIATORY DISCHARGE CLAIM BUT IS AWARDED NO DAMAGES (0)
• EMPLOYER WINS RETALIATORY DISCHARGE CLAIM ON APPEAL (0)
• SHELBY COUNTY JURY RETURNS $300,000.00 VERDICT IN RETALIATORY DISCHARGE CASE (0)
• JEFFERSON COUNTY JURY FINDS IN FAVOR OF EMPLOYER IN RETALIATORY DISCHARGE CLAIM (0)
• ALLEGING THAT OTHER EMPLOYEES DID IT DOES NOT ESTABLISH THAT THE EMPLOYER APPLIED POLICES IN A DISCRIMINATORY MANNER IN A RETALIATORY DISCHARGE CASE (0)
• UNEMPLOYMENT HEARING AFFECTS AFFIRMATIVE DEFENSE IN RETALIATORY DISCHARGE CASE (0)

Schedule vs. Body as a Whole

• No Pain No Gain (2)
• Court of Appeals Amends its Opinion in Denmark v. Industrial Manufacturing Specialists, Inc. (0)
• Court of Appeals Addresses Injuries Affecting More than One Scheduled Member and Double Compensation for Injuries to Minors (0)
• The Pain Exception to a Scheduled Injury is Exceptionally High (0)
• Physical Injury to Other Body Parts not Necessary to Remove from Schedule (0)
• Psych can be Pain Exception for Scheduled Injury (0)
• Pain Must Reach Disabling Levels To Move Injury Outside of Schedule (0)
• TRIAL COURT DECISION TO REMOVE LEFT HAND INJURY FROM SCHEDULE IS REVERSED (0)
• HIGH STANDARD FOR PAIN TO TAKE INJURY OUT OF SCHEDULE (0)
• TRIAL COURT REVERSED ON FINDING THAT SHOULDER WAS A SCHEDULED INJURY BUT AFFIRMED ON FINDING THAT BACK INJURY WAS NOT COMPENSABLE (0)
• SCHEDULED MEMBER INJURY AS A TOTAL OR PARTIAL LOSS (0)
• PERMANENT AND TOTAL AWARD FOR LEG INJURY REVERSED (0)
• TRIAL COURT'S DECISION TO CIRCUMVENT SCHEDULE FOR KNEE INJURY REVERSED (0)
• CIRCUMVENTING THE SCHEDULE (0)
• PAIN EXCEPTION TO SCHEDULE (0)
• ALTERED GAIT LEADS TO REMOVAL FROM SCHEDULE AND P and T AWARD (0)

Settlement

• COEMPLOYEE WILLFUL CONDUCT CLAIMS DO NOT ARISE UNDER THE ACT (0)
• TRIAL COURT CANNOT LIBERALLY CONSTRUE A SETTLEMENT AGREEMENT AGAINST THE EMPLOYER (0)
• AGE DISCRIMINATION DISMISSAL REVERSED (0)

Social Security Disability

• Workers’ Compensation Benefits Can Be Taxable (0)

Statute of Limitations

• The Court of Civil Appeals Addresses Statute of Limitations, Notice and Standard of Proof Dealing With a Foot Injury, Successive Back Injury and Traumatic Back Injury (0)
• Alabama Insurance Guaranty Association and Six Year Statute of Limitations (0)
• Theory of Continuing Accrual Not Recognized By Court in Conditional Payment Reimbursement Claims (0)
• Government Loses in MSPA Claim - US v. Stricker (0)
• PAYING FULL WAGES MAY TOLL STATUTE OF LIMITATIONS (0)
• SECOND INJURY CONSIDERED CONTINUATION OF OLD INJURY (0)

Subrogation/Reimbursement

• Employers Subrogation Interest Takes Priority Over Employees Recovery (0)
• AIGA Reimbursement Claims Subject to Six Year Statute of Limitations (0)
• Using Arbitration Forums Special Arbitration Agreement to Efficiently Subrogate Small Claims (0)

Successive Injuries/Second Injuries

• Evidence Supports Finding of New Injury Rather Than Recurrence of Previous Injury (0)
• EVIDENCE RELATING HIP INJURY TO COMPENSABLE KNEE INJURY HELD INSUFFICIENT (0)

Trial

• A Jury Can Make a Difference (0)

Venue/Jurisdiction

• The Effect of Affiliates on Proper Venue (0)
• Venue Proper in County of Employee’s Residence at Time of Injury (0)
• Merely Having Your Product Sold in a County Does Not Constitute Doing Business By Agent for Purposes of Venue (0)
• Alabama Court of Appeals Says Dont Go Changing (0)

Vocational Rehab/Training

• Another View of the Facts Does Not Support a Reversal (0)

Volunteers

• Alabama Volunteers and the Right to Workers Compensation Benefits (0)

Willful Misconduct/Safety Rule

• Handheld Cell Phones Banned for Commercial Truck and Bus Drivers (0)
• VIOLATION OF A SAFETY RULE NOT ALWAYS WILLFUL MISCONDUCT (0)

Workers Comp

• Accident Caused By Answering Cell Phone While Driving Deemed Compensable in Virginia (0)
• Driving Distracted Should be a Safety Rule Violation (0)
• Going In-Depth with the Laws Governing Injured Oil Spill Workers Claims (0)
• OIL SPILL LIKELY TO LEAD TO FUTURE WORKERS COMPENSATION CLAIMS (4)

Workers Compensation Fraud

• ALABAMA WORKERS' COMPENSATION FRAUD UNIT (0)
• ATTORNEY GENERAL SUCCESSFULLY PROSECUTES WORKERS' COMPENSATION FRAUD (0)