Alabama Workers' Comp Blawg

  • 13
  • Jun
  • 2017

How to Fix the Alabama Workers’ Compensation Act

A lot of buzz was recently created when a Circuit Court Judge in Jefferson County entered an interlocutory order declaring the Alabama Workers’ Compensation Act unconstitutional. The...

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  • 11
  • May
  • 2017

To Appeal or Not to Appeal? That is the Question in the Alabama Case Where the Workers’ Compensation Act was Ruled Unconstitutional.

A few days ago, we reported on the recent case of Nora Clower v. CVS Caremark, in which the Circuit Court of Jefferson County entered an order declaring The Alabama...

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  • 09
  • May
  • 2017

Alabama Circuit Court Judge Issues Order Determining Workers’ Compensation Act to be Unconstitutional

Perhaps you have already heard as news travels fast but on May 8, 2017, a Jefferson County Circuit Court Judge issued an Order declaring the Alabama Workers’ Compensation Act to...

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  • 28
  • Feb
  • 2017

New Workers’ Compensation Bills Introduced in Alabama Senate

Senator Arthur Orr (R, Decatur) recently introduced SB-89, which would limit employers’ liability for permanent total disability benefits. Currently, an employer must pay permanent total disability benefits...

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  • 08
  • Feb
  • 2016

Proposed Alabama Legislation Seeks to Limit Liability for Permanent and Total Disability Benefits and Medical Benefits

On February 2, 2016, Alabama Republican Senators Orr, Sanford, Livingston, Scofield, Stutts and Melson introduced SB122. The bill seeks to revise sections of 25-5-57 to limit an...

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  • 09
  • Apr
  • 2015

Alabama Workers' Compensation Reform Bill Not Likely to Pass

On April 2, 2015, Alabama Republican State Senators Del Marsh and Cam Ward submitted Senate Bill 330, which proposes drastic reforms to The Alabama Workers' Compensation Act. If the legislature...

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  • 28
  • May
  • 2014

Change to �_ 25-5-56 Passes Alabama Legislature and Awaits Governor's Approval

The Alabama Legislature recently passed HB-107, which would amend § 25-5-56 of The Alabama Workers’ Compensation Act. HB-107 was introduced by District 55 Representative Rod Scott (D) on January...

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  • 30
  • Dec
  • 2013

Alabama Enacts New Pain Management Laws

A recent report from the Centers for Disease Control and Prevention (CDC) found that Alabama was among the top twenty (20) states nationally in number of drug overdose deaths each...

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  • 15
  • May
  • 2013

Bipartisan Medicare Legislation Introduced to the House of Representatives

Reps. Dave Reichert (R-WA) and Mike Thompson (D-CA) introduced the Medicare Secondary Payer and Workers’ Compensation Settlement Agreement Act (H.R. 1982) into the House of Representatives May 15, 2013.  The bill...

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  • 18
  • Jan
  • 2013

SMART Act Improves Medicare Conditional Payment System

On January 10, 2013, President Obama signed the SMART Act (the Strengthening Medicare and Re-Paying Tax Payers Act) into law. The Act reforms certain aspects of Medicare’s requirements...

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  • 17
  • Feb
  • 2012

Legislation Seeking to Strengthen the Impairment Defense

Representative Paul DeMarco (R) of Birmingham, has introduced HB 104 seeking to amend §25-5-51 of the Alabama Workers’ Compensation Act. HB 104 relates to injuries caused by an employee who...

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  • 17
  • Feb
  • 2012

SB 77 Update

On December 31, 2011, this Blawg addressed proposed legislation that would substantially change the Alabama Workers’ Compensation Act. As an update, SB 77 was referred to the Senate Business and...

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  • 12
  • Feb
  • 2012

Is the Civil Tort Remedy System Better or Worse for Employers than the Regular State WC System?

Re-posted (in part) with permission from Kansas WC defense attorney, Kim Martens (Hite, Fanning & Honeyman, L.L.P., Wichita, Kansas) As an employer, you probably have been frustrated at one time or...

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  • 15
  • Jan
  • 2012

Affect of New Alabama Immigration Law on Workers' Compensation

On June 9, 2011, Governor Robert Bentley signed into law the controversial Beason-Hammon Alabama Taxpayer and Citizen Protection Act. This new law has left Alabama workers’ compensation laws as they...

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  • 31
  • Dec
  • 2011

Senate Bill Proposes Several Changes to the Alabama Workers' Compensation Act

On December 9, 2011, State Senator Arthur Orr (R-Decatur) pre-filed a bill (SB77) for the 2012 legislative session that proposes several welcome changes to the Alabama Workers’ Compensation Act. The...

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  • 08
  • Jun
  • 2010

NEW YORK PASSES ANTI WORKPLACE BULLYING STATUTE

  On May 12, the New York State Senate passed a bill allowing workers to sue their employers for any harm suffered by “workplace bullying.”  The bill defines bullying broadly and...

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  • 16
  • Apr
  • 2010

HOUSE BILL REGARDING CAP AND SCHEDULE DEAD IN THE WATER

According to the Alabama Self Insured Association, House Bill 21 which proposed lifting the $220 cap and weakening the schedule limitation was killed in the House Commerce Committee for this...

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  • 02
  • Apr
  • 2010

HOUSE BILL REGARDING CAP AND SCHEDULE PROBABLY DEAD FOR THIS SESSION

House Bill 21 which proposes lifting the $220 cap and weakening the schedule limitation will not likely be reached in this legislative session. According to the Alabama Self Insured Association,...

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  • 08
  • Feb
  • 2010

PROPOSED REMOVAL OF $220 CAP AND SCHEDULE LIMITATION

The Legislators are at it again. Democratic Representative Joseph Mitchell, of Mobile has introduced HB 21 in the 2010 session that would seek to remove the $220 cap on weekly...

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  • 15
  • Sep
  • 2009

NCOIL DEFERS CONSIDERATION OF EMPLOYEE MISCLASSIFICATION WORKERS COMPENSATION COVERAGE MODEL ACT

On July 14, 2009, the National Conference of Insurance Legislators (NCOIL) met in Philadelphia, Pennsylvania for its 2009 NCOIL Summer Meeting. At the meeting, members of the Workers' Compensation Insurance...

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