Alabama Workers' Comp Blawg

  • 22
  • Jul
  • 2017

In Alabama, Requirement to Liberally Construe Workers’ Compensation Act does not apply to Assignment of Weight to Evidence

On July 21, 2017, The Alabama Court of Civil Appeals released its opinion in Laura Wyatt v. Baptist Health System, Inc. In Wyatt, the employee was a patient-care tech that...

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  • 24
  • Jan
  • 2017

Alabama Court Addresses Proper Way to Question Medical Treatment after Indemnity and Vocational Benefits are Settled

On September 23, 2016, the Alabama Court of Civil Appeals released its opinion inAugmentation, Inc. v. Harris. Debra Harris alleged injuries to her neck, back, and left shoulder while working...

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  • 19
  • Sep
  • 2016

Alabama Court of Civil Appeals Addresses Compensability of Injury First Documented Several Months After Accident

On September 9, 2016, the Alabama Court of Appeals released its decision in Kennamer Bros., Inc. v. Stewart, in which it affirmed the Circuit Court of Marshall County determination that...

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  • 27
  • Jul
  • 2016

Alabama Court Again Rules “Mere Possibility” Is Not Enough For Medical Causation

On July 22, 2016, the Alabama Court of Civil Appeals released its opinion in Smith v Brett/Robinson Construction Company, Inc. and again found that ...

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  • 04
  • May
  • 2016

Alabama Courts Find Causation to be Clear and Convincing even when Doctor's Opinion was Not

On April 29, 2016, the Alabama Court of Civil Appeals released its opinion in Leesburg Yarn Mills, Inc v. Thomas Hood.  In Hood, the trial judge found the claimed stenosing...

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  • 03
  • Feb
  • 2016

Prior Injury can Become New Injury in Alabama when Permanently Aggravated

The Alabama Court of Civil Appeals recently released its decision in the case ofIn re: Henry Riley v. Reed Contracting Services, Inc. (Ala. Civ. App. January 29, 2016). In its...

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  • 02
  • Mar
  • 2015

Alabama Court of Appeals Reverses Trial Court's Order that Employer Pay for Knee Replacement

On February 27, 2015, the Alabama Court of Appeals released its decision in Ex parte Fairhope Health & Rehab, LLC. The facts of the case were as follows: The plaintiff,...

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  • 27
  • Feb
  • 2015

A Horse is a Horse of Course, of Course, but in Alabama, Riding one may not be Considered in the Course

On February 27, 2015, the Alabama Court of Civil Appeals released its opinion inDana Louise Pollock v. Girl Scouts of Southern Alabama, Inc. wherein it considered a claimed injury arising...

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  • 29
  • Dec
  • 2014

Alabama Court Finds Accident on the Way to Treatment for Injury Compensable

Flexicrew Staffing, Inc. v. Champion Released December 12, 2014 At the trial level the Baldwin County Circuit Court was presented with evidence related to whether of not Champion's claim based on a...

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  • 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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  • 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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  • 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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  • 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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  • 28
  • May
  • 2013

Alabama Court of Civil Appeals Considers Last Injurious Exposure Rule

Office Max, Inc. v. Academy, Ltd. - Released May 17, 2013 This case stems from a workers’ compensation case involving an employee of Office Max. The employee claimed that in 2002...

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  • 11
  • Mar
  • 2013

Unexplained Falls are not Compensable in Alabama

On March 1, 2013, the Alabama Court of Civil Appeals released its opinion in Ex Parte Russell Threadgill wherein it denied in part and granted in part the employee’s petition...

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  • 19
  • Feb
  • 2013

Alabama Judge Addresses Link Between Manual Labor and Cumulative Trauma Injuries

On February 8, 2013, the Alabama Court of Civil Appeals released its opinion in Ex Parte Johns & Kirksey, Inc. wherein it denied an employer’s petition for a writ of...

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  • 17
  • Jan
  • 2013

Experiencing Temporary Symptoms does not Constitute a Permanent Aggravation

In Alabama, an aggravation of a preexisting condition can be treated as a new injury if the claimant was working without restriction prior to the accident date or date of...

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  • 17
  • Dec
  • 2012

Alabama Court of Civil Appeals Reverses Order Requiring Employer to Pay Medical on Twenty Five Year Old Injury

On December 14, 2012, the Alabama Court of Civil Appeals released its opinion in Goodyear Tire & Rubber Company v. Marvin Wilson. On appeal, was the trial court’s holding...

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  • 19
  • Sep
  • 2012

Court Looks at Totality of Circumstances and Determines Accident did not Arise out of or in the Course of Employment

On September 14, 2012, the Alabama Court of Civil Appeals released its opinion in McDuffie v. Medical Center Enterprise. Nancy McDuffie worked as a Patient Care Attendant at Medical Center...

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  • 19
  • Sep
  • 2012

Once Bitten Twice Denied

On September 14, 2012, The Alabama Supreme Court released its decision in the case of Ex parte Johnnie L. Odom.  In Mercy Logging, LLC v. Johnnie L. Odom, the Alabama Court...

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