$220 Cap

• 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)

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 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

• 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)

Causation

• 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

• 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

• 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)

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 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

• 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

• 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)

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

• 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

• 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

• 2009 MILEAGE REIMBURSEMENT RATE (1)

Mileage/Expense

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

• PTSD HELD NOT TO BE A OCCUPATIONAL DISEASE IN ABSENCE OF PHYSICAL INJURY (0)
• TRIAL COURT'S FINDING OF OCCUPATIONAL DISEASE IS REVERSED (0)

Outrage

• 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

• 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)

Retaliatory Discharge

• 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

• 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)

Statute of Limitations

• PAYING FULL WAGES MAY TOLL STATUTE OF LIMITATIONS (0)
• SECOND INJURY CONSIDERED CONTINUATION OF OLD INJURY (0)

Subrogation

• 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

• Alabama Court of Appeals Says Dont Go Changing (0)

Vocational Rehab/Training

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

Willful Misconduct/Safety Rule

• VIOLATION OF A SAFETY RULE NOT ALWAYS WILLFUL MISCONDUCT (0)

Workers Comp

• 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)