Alabama Workers' Comp Blawg

  • 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, th…

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  • 27
  • Jul
  • 2012

Alabama Workers Compensation Organization 2012 Fall Conference

The AWCO will be putting on its Annual Fall Conference on October 29th and 30th at the Westin Hotel in Huntsville, Alabama. This conference always provides a fantastic line up of …

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  • 27
  • Jul
  • 2012

Rattlesnake Roundup Gone Awry

On July 27, 2012, the Alabama Court of Civil Appeals released its opinion in Mercy Logging, LLC v. Johnnie L. Odom wherein it reversed the trial court’s finding that the employee …

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  • 20
  • Jul
  • 2012

Alabama Supreme Court Reverses Court of Civil Appeals Holding in Ex parte Caldwell

On July 20, 2012, the Alabama Supreme Court released its opinion in Ex parte Caldwell (In re: West Fraser, Inc. v. Windell Caldwell, Sr.), reversing the earlier January 13, 2012 h…

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  • 11
  • Jun
  • 2012

Workers Compensation Rate Change Effective July 1, 2012

Beginning July 1, 2012, the maximum worker’s compensation payable will be $771 per week and the minimum will be $212 per week.  This change is based on the Director of Industrial …

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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, t…

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  • 23
  • May
  • 2012

Worker Can Say FUB and Still Get TTD

An employee had an injury while working for Tyson Poultry in Arkansas. He was placed under light-duty restrictions by his physician, and Tyson accommodated those restrictions. Whi…

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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 whe…

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  • 02
  • May
  • 2012

Use of Common Law Defense of Misrepresentation in Workers Compensation

As previously reported on August 5, 2011, the Alabama Court of Civil Appeals held in the case of Cascaden v. Winn-Dixie Montgomery, LLC that an employer need not rely upon an empl…

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  • 25
  • Apr
  • 2012

The Court of Civil Appeals Addresses Statute of Limitations, Notice and Standard of Proof Dealing With a Foot Injury, Successive Back Injury and Traumatic Back Injury

On April 20, 2012, the Alabama Court of Civil Appeals released its decision in the case of Mobile Airport Authority v. Robert Etheredge affirming the trial court’s permanent and t…

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  • 25
  • Apr
  • 2012

Court of Appeals Upholds Two-Part Test for Causation but Affirms Judgment for Employee

On April 20, 2012, the Alabama Court of Civil Appeals released its decision in the case of Ex parte Advantage Resourcing, Inc., in which it addressed both legal and medical causat…

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  • 19
  • Apr
  • 2012

Alabama Court of Civil Appeals Addresses Medical Causation

On April 13, 2012, the Alabama Court of Civil Appeals released its opinion in Maxim Healthcare Services, Inc. v. Freeman, in which the Court addressed an employee’s burden of proo…

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  • 03
  • Apr
  • 2012

Court Addresses Traveling Employee Exception to Coming and Going Rule

On March 30, 2012, the Alabama Court of Civil Appeals released its decision in the case of McDaniel v. Helmerich & Payne International Drilling Co., In this case, the Appellat…

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  • 03
  • Apr
  • 2012

Employers Subrogation Interest Takes Priority Over Employees Recovery

The Alabama Court of Civil Appeals recently released its opinion in the case of Nuss Lumber Co., Inc. v. The Estate of Andy Monghan, in which the Court addressed the employer’s ri…

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  • 27
  • Mar
  • 2012

Workers' Compensation Benefits Can Be Taxable

If the total amount of Social Security Disability Insurance (SSDI) and WC monthly payments exceeds 80% of the claimant’s (monthly) Average Current Earnings, then the SSDI payments…

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  • 25
  • Mar
  • 2012

Free Registration for New Orleans Workers' Compensation Conference

The National Workers’ Compensation Defense Network will host a conference on June 6 & 7, 2012 in New Orleans. The June 6 evening reception will be held at the National WWII Mu…

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  • 25
  • Mar
  • 2012

Discoverable Records in an Outrage Claim

Ex Parte Liberty Mutual Insurance Co. - Petition for Writ of Mandamus Released March 16, 2012 The Alabama Court of Civil Appeals addressed discovery issues in an outrage claim whe…

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  • 27
  • Feb
  • 2012

Alabama Workers' Compensation Organization 2012 Spring Conference

The AWCO will be putting on its 31st Annual Spring Conference on May 3rd and 4th at the Wynfrey Hotel in Birmingham, Alabama. This is always a great conference with a wide array o…

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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 em…

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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 Sena…

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