Alabama Workers' Comp Blawg

  • 16
  • Feb
  • 2015

Alabama Supreme Court Reverses Court of Appeals and Reinstates Permanent Total Disability Award

On January 30, 2015, the Supreme Court of Alabama reversed the Alabama Court of Appeals' ruling in Madison Academy, Inc. v. Hanvey.�_ The Supreme Court granted the employee's Petition for...

Read More
  • 09
  • Sep
  • 2014

Alabama Court of Civil Appeals Reverses Permanent and Total Disability Award as Premature

On August, 8, 2014, the Alabama Court of Civil Appeals released its opinion in Fab Arc Steel Supply, Inc. v. Timothy Dodd wherein it reversed a permanent and total disability...

Read More
  • 12
  • Sep
  • 2013

Alabama Court of Civil Appeals Reverses Permanent and Total Award

On September 9, 2013, the Alabama Court of Civil Appeals released its opinion in SouthernCare, Inc v. Margaret Cowart wherein it reaffirmed that a mere possibility does not establish medical...

Read More
  • 21
  • Apr
  • 2013

Alabama Court of Civil Appeals Addresses Several Issues in Affirming Permanent and Total Award

On April 19, 2013, the Alabama Court of Civil Appeals released its opinion in McAbee Construction, Inc. v. Elvin Allday. At trial, the employee presented evidence that he had...

Read More
  • 20
  • Feb
  • 2013

Alabama's Judicial Estoppel Defense in Workers' Compensation Matters... Use it or Lose it!

On February 15, 2013, the Alabama Court of Civil Appeals released its opinion in CVS/Caremark Corp. v. Gloria Washington wherein it addressed  the affirmative defense of judicial estoppel in the...

Read More
  • 13
  • Feb
  • 2012

Court of Civil Appeals Addresses Misrepresentation Defense, Estoppel, Pre-Existing Conditions, Causation, and Permanent and Total Disability

The Alabama Court of Civil Appeals recently released its decision in the case of G.A. West & Co., Inc. v Claiborne Johnston. On Thursday, September 14, 2006, Johnston stepped into...

Read More
  • 23
  • Jan
  • 2012

Receiving Unemployment Benefits Does not Prevent a Permanent and Total Award

White Tiger Graphics, Inc v. Paul Clemons On January 13, 2012 the Alabama Court of Civil Appeals addressed a judicial estoppel issue involving an employee claiming he was permanently and totally...

Read More
  • 22
  • Jan
  • 2012

Court Makes Finding of Pain that is Totally or Virtually Totally Disabling

On January 13, 2012, the Alabama Court of Civil Appeals released its decision in the case of Goodyear Tire & Rubber Company v. Brian Haygood wherein it upheld the trial...

Read More
  • 04
  • Sep
  • 2009

PERMANENT AND TOTAL CASE REVERSED AND REMANDED WITH INSTRUCTIONS FOR TRIAL JUDGE TO CONSIDER EXTENT OF PAIN

Wehadkee Yarn Mills v. Deborah Harris: On September 4, 2009, the Alabama Court of Civil Appeals released this opinion wherein it reversed and remanded a permanent and total award with instructions....

Read More
  • 22
  • Jul
  • 2009

IF YOU REFUSE YOU LOSE

Do you have any claims where the claimant is asserting that she is permanently and totally disabled but she has refused a recommended surgical procedure? If so, then you may...

Read More
  • 07
  • Apr
  • 2009

EMPLOYEE CAN REFUSE PSYCH TREATMENT AND STILL BE CONSIDERED PERMANENTLY AND TOTALLY DISABLED

Ex Parte Saad’s Healthcare Services, Inc.: On April 3, 2009, the Alabama Supreme Court released this opinion which addressed a trial court’s ability to find an employee permanently and totally disabled...

Read More
  • 06
  • Mar
  • 2009

PERMANENT AND TOTAL AWARD FOR SHOULDER UPHELD

Waters Brothers Contracting, Inc. v. Wimberly: On March 6, 2009, the Alabama Court of Civil Appeals affirmed the trial court’s decision to award permanent and total benefits for a shoulder injury....

Read More