Alabama Workers' Comp Blawg

  • 23
  • Nov
  • 2011

Handheld Cell Phones Banned for Commercial Truck and Bus Drivers

On November 23, 2011, the Federal Motor Carrier Safety Administration and the Pipeline and Hazardous Materials Safety Administration recently issued a joint rule prohibiting inter…

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  • 07
  • Nov
  • 2011

Alabama Department of Insurance Licensing Requirements for Workers' Compensation Adjusters

The Alabama Department of Industrial Relations (ADIR) requires all workers’ compensation adjusters to complete 8 hours of Continuing Education (CE) per calendar year. The hours mu…

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  • 28
  • Oct
  • 2011

Missouri Court rules that Occupational Disease can be Pursued in Tort or as Workers' Compensation Claim

The Missouri Court of Appeals recently upheld a trial court's ruling that an occupational disease does not fall within the exclusivity provisions of the Missouri Workers' Compensa…

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  • 20
  • Oct
  • 2011

Accident Caused By Answering Cell Phone While Driving Deemed Compensable in Virginia

A hospice nurse in Virginia was recently awarded workers’ compensation benefits after she was involved in a motor vehicle accident while on call. The hospice nurse worked on call …

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  • 19
  • Oct
  • 2011

Exclusivity and Special Employers

On October 14, 2011 the Alabama Court of Civil Appeals released its opinion in Lewis v. Alabama Power Company (APCo) addressing the factors considered when determining if a compan…

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  • 10
  • Oct
  • 2011

Alabama Supreme Court Upholds Alabama Court of Civil Appeals's Decision in Ex parte Cascaden Pertaining to Misrepresentation Defense

On October 7, 2011, the Alabama Supreme Court upheld the Alabama Court of Civil Appeals’ decision in Ex parte Scott A. Cascaden (see August 5, 2011 blog article). The Supreme Cour…

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  • 27
  • Sep
  • 2011

Medicare Interests Considered Protected Despite Lack of CMS Review

Recently in a case in Arkansas dealing with the Longshore and Harbor Workers' Compensation Act, a Federal Court ruled that Medicare’s interests were considered and protected based…

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  • 19
  • Sep
  • 2011

Trial Judge Orders Employer to Pay for Pain Management Despite Opinion of Two Treating Physicians that Pain was not Related to Job Injury

Ex parte El Reposo Nursing Home Group, Inc. On September 16, 2011, the Alabama Court of Civil Appeals released this opinion wherein it denied the employer’s petition for a writ o…

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  • 13
  • Sep
  • 2011

Arbitration Agreement Which Splits Costs of Arbitration Cannot be Modified by Trial Court

  Don Drennen v. McClung   The Alabama Supreme Court recently issued an opinion reversing a trial court’s order that modified the payment structure for costs in relation to an arb…

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  • 30
  • Aug
  • 2011

The Medicare Secondary Payer Charitable Foundation Announces Free Professional Medicare Set Aside Administration for Qualified Beneficiaries

The Medicare Secondary Payer Charitable Foundation(MSPCF), a not-for-profit organization, recently announced that it will provide free professional Medicare Set Aside (MSA) Admini…

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  • 24
  • Aug
  • 2011

Theory of Continuing Accrual Not Recognized By Court in Conditional Payment Reimbursement Claims

 Here is an update to the matter of United States v. Stricker which we first covered on the blawg ten months ago: In this case, the Government alleged that 907 recipients of the …

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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 co…

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  • 05
  • Aug
  • 2011

Employer Not Required to Rely on Misrepresentation of Prior Condition in Order to Prevail on Affirmative Defense

On August 5, 2011, the Alabama Court of Civil Appeals released its decision in the case of Cascaden v. Winn-Dixie Montgomery, LLC. The appellate Court affirmed the ruling of the C…

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  • 21
  • Jul
  • 2011

2011 Mileage Reimbursement Rate Mid Year Update

Effective July 1, 2011, the standard mileage reimbursement rate for Alabama was increased to 55.5 cents per mile.

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  • 01
  • Jul
  • 2011

Blood Clot Deemed Compensable in New Jersey

An appellate court in New Jersey recently affirmed a ruling that the widower of an obese woman was entitled to workers’ compensation benefits after she died at her desk from a blo…

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  • 29
  • Jun
  • 2011

The Genetic Information Non-Discrimination Act of 2008

The Genetic Information Non-Discrimination Act of 2008 (GINA), was enacted in May 2008 and became effective in November 2009. Essentially GINA forbids employers from intentionally…

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  • 28
  • Jun
  • 2011

New Evidence May Be Introduced to Determine AWW on Remand from Appellate Court

This is an update on the matter of G.A. West & Co. v. Ricky McGhee which we discussed previously here and here. Previously, the Court of Civil Appeals reversed and remanded th…

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  • 20
  • Jun
  • 2011

The Exclusivity Provisions of the Act Apply to An Employers Tortious Conduct Committed Within the Bounds of the Employers Proper Role

On June 17, 2011, the Alabama Court of Civil Appeals released its decision in Hudson v. Renosol Seating, LLC. In December 2008, approximately 90 workers at an automobile seating m…

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  • 20
  • Jun
  • 2011

AIGA Reimbursement Claims Subject to Six Year Statute of Limitations

The Alabama Court of Civil Appeals recently considered a case where the Alabama Insurance Guaranty Association ("AIGA") sought reimbursement for money paid out to cover a workers’…

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  • 16
  • Jun
  • 2011

A Tustle Down Under Considered Compensable

 A strange set of facts was recently presented to a workers’ compensation Magistrate in Melbourne, Australia.  The injured employee in this case was Matthew Styles, a manager at t…

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