Alabama Workers' Comp Blawg

  • 06
  • Sep
  • 2017

The New Alabama Venue Menu

The Alabama Court of Civil Appeals recently released its opinion in Ex parteGarrison Trucking Co., wherein it considered the issue of venue. The Old Rules In venue disputes, your residence means your...

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  • 12
  • Jan
  • 2017

Alabama Court Considers Proper Venue When Employer Files First

The Alabama Court of Civil Appeals recently released an opinion dealing with venue statutes and their applicability to claims sought under the Alabama Worker’s Compensation Act. In the case ofEx...

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  • 17
  • Nov
  • 2014

Alabama Court of Civil Appeals Considers Jurisdiction Issue where Alabama Resident is Injured in Texas

Similar to the decision which was discussed on our blawg on November 7, 2014, the Court of Civil Appeals again held in Ex Parte Lost River Oilfield Services, LLC, that...

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  • 07
  • Nov
  • 2014

Alabama Court Again Finds Contract for Hire in Alabama Does not Mean Alabama Benefits

Ex parte Dalton Logistics Petition for Writ of Mandamus On November 7, 2014, The Alabama Court of Civil Appeals granted Dalton Logistics Petition for Writ of Mandamus. The Choctaw County Circuit Court...

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  • 08
  • Aug
  • 2014

Principal Doing Business in Alabama County Does not Mean Venue is Proper Against its Agent

In Ex Parte Diamond Scaffold Services Group, Inc., the employee filed suit for workers’ comp benefits in Washington County, Alabama. Diamond objected asserting that Washington County was not a proper...

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  • 29
  • Jul
  • 2014

The Alabama Race to the Courthouse Can Sometimes be an Exercise in Futility

Earlier this month, we reported on a case where a trial court denied an employer’s motion to transfer venue based on the doctrine of forum non conveniens. The Alabama...

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  • 02
  • Jul
  • 2014

Racing to the Courthouse still a Consideration in Alabama Workers Compensation Cases

With Tennessee implementing its new administrative system this week, Alabama is now one of the only states left to use state courts to adjudicate its workers’ compensation cases. For...

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  • 24
  • Feb
  • 2014

Contract for Hire in Alabama Does not Necessarily Mean Alabama Benefits

Ex parte Southern Erectors, Inc. Petition for Writ of Mandamus On February 21, 2014, the Alabama Court of Civil Appeals granted Southern Erectors, Inc.’s (SEI) Petition for Writ of Mandamus. The...

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  • 22
  • Jan
  • 2012

Venue Proper in County of Employee's Residence at Time of Injury

On January 13, 2012, the Alabama Court of Appeals released its opinion in Ex Parte Billy Barnes Enterprises. In this case, a female truck driver was injured in Mississippi in...

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  • 22
  • Jan
  • 2012

The Effect of Affiliates on Proper Venue

On January 13, 2012, the Supreme Court of Alabama released its opinion in Ex parte Wright Brothers Construction Company, Inc., and GIBCO Construction, LLC. This case presented an interesting issue...

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  • 18
  • Apr
  • 2011

Merely Having Your Product Sold in a County Does Not Constitute Doing Business By Agent for Purposes of Venue

Ex Parte Tyson Chicken, Inc On April 15, 2011 the Supreme Court released its opinion granting a Petition for Writ of Mandamus filed by Tyson Chicken concerning their Motion to Transfer...

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  • 22
  • Jun
  • 2010

Alabama Court of Appeals Says Dont Go Changing

Ex parte Siemag The Alabama Court of Civil Appeals denied a petition for a writ of mandamus (to compel the lower court to reverse itself) sought by two defendant corporations that...

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