Alabama Workers' Comp Blawg

  • 26
  • Jun
  • 2015

Alabama Court of Appeals Finds Inability to Return to Work is not Exception to Schedule

On June 19, 2014, the Alabama Court of Civil Appeals released its second opinion inGoodyear Tire & Rubber Co. v. Bush (). The first time around the Court of Appeals...

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  • 23
  • Aug
  • 2014

Alabama Court of Appeals Declines to find Permanent and Total Disability to be Exception to the Schedule

On August 22, 2014, the Alabama Court of Civil Appeals released its opinion in Goodyear Tire & Rubber Co. v. Stephen Bush. Bush alleged on February 11,...

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  • 12
  • Apr
  • 2014

Alabama Court Considers Facts Necessary to Remove Injury from Schedule

The Court of Appeals recently reversed a trial court’s decision awarding benefits outside of the statutory schedule in American Cast Iron Pipe Company v. Sharon Blackmon. The Court also reversed...

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  • 16
  • Aug
  • 2013

Alabama Court of Civil Appeals Reverses in Round Three of Scheduled Injury Case

On August 16, 2013, The Alabama Court of Civil Appeals released its opinion in the matter of DuBose Construction Company, LLC v. James Simmon. This was the third time...

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  • 10
  • Aug
  • 2012

No Pain No Gain

On August 10, 2012, the Alabama Court of Civil Appeals released its opinion in Gold Kist, Inc. v. Delores Diane Smith wherein it reversed a permanent and total award. At trial,...

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  • 11
  • Jun
  • 2012

Court of Appeals Amends its Opinion in Denmark v. Industrial Manufacturing Specialists, Inc.

On June 8, 2012, the Alabama Court of Civil Appeals amended its previous opinion in Denmark v. Industrial Manufacturing Specialists, Inc. As reported on our blog on May 7, 2012,...

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  • 07
  • May
  • 2012

Court of Appeals Addresses Injuries Affecting More than One Scheduled Member and Double Compensation for Injuries to Minors

On May 4, 2012, the Alabama Court of Civil Appeals released its decision in the case of Denmark v. Industrial Manufacturing Specialists, Inc. In that case, the Court addressed whether...

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  • 20
  • Aug
  • 2011

The Pain Exception to a Scheduled Injury is Exceptionally High

On August 19, 2011 the Alabama Court of Civil Appeals released its second opinion in the matter styled G.UB.MK Constructors v. Davis, which was previously remanded to the trial court...

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  • 24
  • Mar
  • 2011

Physical Injury to Other Body Parts not Necessary to Remove from Schedule

The Alabama Supreme Court released its opinion in Ex parte Thomas Hayes (In re: Vintage Pharmaceuticals, LLC v. Thomas Hayes) on March 18, 2011, holding that an injured worker will...

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  • 29
  • Dec
  • 2010

Psych can be Pain Exception for Scheduled Injury

On December 17, 2010 the Court of Civil Appeals released its opinion in Caseco, LLC. v. Dingman. The Court of Civil Appeals addressed the Last-Injurious-Exposure Rule and a psychological issue,...

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  • 13
  • Dec
  • 2010

Pain Must Reach Disabling Levels To Move Injury Outside of Schedule

 On Friday the Alabama Court of Civil Appeals released an opinion concerning a workers’ compensation case involving an employee who had injured her foot and claimed that, due to the...

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  • 23
  • Mar
  • 2010

TRIAL COURT DECISION TO REMOVE LEFT HAND INJURY FROM SCHEDULE IS REVERSED

G.UB.MK Constructors v. Howard Lee Davis: On March 19, 2010, the Alabama Court of Civil Appeals released this opinion wherein it reversed the trial court’s decision to remove a hand injury...

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  • 18
  • Mar
  • 2010

HIGH STANDARD FOR PAIN TO TAKE INJURY OUT OF SCHEDULE

Norandal U.S.A. Inc. v. Graben released 3/12/2010 This was the second time Norandal U.S.A. Inc. v. Graben came before the Court of Appeals. A summary of the previous holding is located in...

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  • 07
  • Nov
  • 2009

TRIAL COURT REVERSED ON FINDING THAT SHOULDER WAS A SCHEDULED INJURY BUT AFFIRMED ON FINDING THAT BACK INJURY WAS NOT COMPENSABLE

Karen Taylor v. Goodyear Tire & Rubber Company, Inc.:    On November 6, 2009, the Alabama Court of Civil Appeals released this opinion wherein it considered 3 issues. First, it reversed the...

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  • 12
  • Oct
  • 2009

SCHEDULED MEMBER INJURY AS A TOTAL OR PARTIAL LOSS

General Elec. Co. v. Baggett (Part II): On October 9, 2009, in addition to ruling on the issue of a surviving spouse stepping into the shoes of the injured worker, the...

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  • 20
  • Feb
  • 2009

PERMANENT AND TOTAL AWARD FOR LEG INJURY REVERSED

Norandal U.S.A., Inc. v. Welton Graben: On February 20, 2009, the Alabama Court of Civil Appeals released this opinion wherein it reversed and remanded the trial court’s decision to remove a...

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  • 20
  • Dec
  • 2008

TRIAL COURT'S DECISION TO CIRCUMVENT SCHEDULE FOR KNEE INJURY REVERSED

Solomon Motor Company v. Earnest Dean: In this opinion released on December 19, 2008, the Alabama Court of Civil Appeals considered a trial court’s decision to sidestep the schedule set forth...

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  • 13
  • Dec
  • 2008

CIRCUMVENTING THE SCHEDULE

Child Day Care Association v. Victoria Christesen: In this opinion released on December 12, 2008, the Alabama Court of Civil Appeals upheld the trial court’s decision not to apply the §25-5-57(a)(3)...

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  • 02
  • Nov
  • 2008

PAIN EXCEPTION TO SCHEDULE

Gold Kist, Inc. v. Porter --- So.2d ----, 2008 WL 4757112 (Ala.Civ.App. 2008): In this opinion released on October 31, 2008, the Alabama Court of Civil Appeals affirmed the trial court’s...

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  • 19
  • Oct
  • 2008

ALTERED GAIT LEADS TO REMOVAL FROM SCHEDULE AND P and T AWARD

Norandal U.S.A., Inc. v. Graben, --- So.2d ----, 2008 WL 4603456 (Ala.Civ.App. 2008): In this case decided on October 17, 2008, the employer appealed from a judgment awarding the employee permanent-total-disability...

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