Alabama Workers' Comp Blawg

  • 14
  • Jun
  • 2011

Workers Compensation Rate Change Effective July 1, 2011

Beginning July 1, 2011, the maximum workers’ compensation payable will be $755.00 per week and the minimum compensation will be $208.00 per week. This change is based on the Direc…

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  • 10
  • Jun
  • 2011

Alabama Legislature Adopts Daubert Scientific Evidence Standard

Governor Bentley signed Senate Bill 187 into law on June 9, 2011. The law replaces the Frye standard with the federal expert witness rule known as the Daubert standard. Frye, whic…

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  • 26
  • May
  • 2011

CMS Reiterates and Clarifies Its Policy Regarding Workers Compensation Medicare Set Aside Proposal Review Thresholds

The Centers for Medicare and Medicaid Services (CMS) has released a new policy memorandum dated May 11, 2011 (May 11, 2011 memo) pertaining to workers’ compensation Medicare Set A…

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  • 13
  • May
  • 2011

Dog Killer Awarded Workers Compensation Benefits For Post Traumatic Stress Disorder

An employee of a popular tour company in British Columbia, Canada recently prevailed on his claim for workers’ compensation benefits for post traumatic stress disorder after he wa…

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  • 10
  • May
  • 2011

A Specific Purpose Doctor Cannot Make Referrals for Treatment that Fall Outside that Specific Purpose

On May 6, 2011, the Alabama Court of Civil Appeals released its decision in Ex parte Imerys USA, where it held that a referral by an authorized treating physician to another treat…

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  • 27
  • Apr
  • 2011

Driving Distracted Should be a Safety Rule Violation

It may come as a surprise to many, but driving while using a cell phone delays a driver’s reaction time as much as a blood alcohol concentration of 0.08 percent, the highest legal…

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  • 22
  • Apr
  • 2011

Alabama Supreme Court Upholds Two Part Causation Test

Ex Parte Patsy Patton d/b/a Korner Store: On April 22, 2011, the Alabama Supreme Court released one of the most anticipated and important workers’ compensation opinions in recent …

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  • 20
  • Apr
  • 2011

Alabama Court of Appeals Reverses Trial Court Finding of Employment Relationship

Susan Schein Chrysler Dodge, Inc. v. Rushing: On April 15, 2011, the Alabama Court of Civil Appeals released an opinion wherein it reversed a trial court’s finding of an employer/…

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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 Tra…

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  • 02
  • Apr
  • 2011

Employee Mauled By Bear After Smoking Pot Wins Workers' Compensation Benefits

In Montana, the state supreme court upheld a Workers’ Compensation Court ruling that a man who was mauled while feeding the bears at a local tourist attraction is eligible for wor…

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  • 25
  • Mar
  • 2011

Alabama Court of Civil Appeals Affirms Retaliatory Discharge Verdict in favor of Employee

Black Creek , Inc. v. Woods The Alabama Court of Civil Appeals affirmed the Etowah County Circuit Court’s ruling in a retaliatory discharge lawsuit with no opinion in Black Creek …

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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 wil…

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  • 02
  • Mar
  • 2011

Employer Ordered to Continue to Pay Medical Benefits Despite Settlement of Same Where CMS Declines to Accept Proposed MSA Trust Allocation

ArvinMeritor, Inc. v. Clifton Johnson: On February 25, 2011, the Alabama Court of Civil Appeals released an opinion concerning the responsibilities of an employer when CMS fails t…

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  • 18
  • Feb
  • 2011

Special Employer Protected by Exclusive Remedy Doctrine

On February 18, 2011, the Alabama Court of Civil Appeals released its opinion in Ex parte Salvation Army (In re: Roy Williams v. First Choice Personnel, LLC and The Salvation Army…

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  • 02
  • Feb
  • 2011

Alabama Court of Civil Appeals Reverses Finding of Employer-Employee Relationship

On January 28, 2011 the Court of Civil Appeals released its opinion in Susan Schein Chrysler Dodge v. Rushing wherein it addressed the issue of whether an injured worker was an em…

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  • 30
  • Jan
  • 2011

2011 Mileage Reimbursement Rate

2011 Alabama Standard Mileage Reimbursement Rate: Effective January 1, 2011, the standard mileage reimbursement rate for Alabama was increased to 51 cents per mile.

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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 psycho…

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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 t…

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  • 19
  • Nov
  • 2010

Retaliatory Discharge Claim Survives Plaintiff's Death

Gibson v. Staffco L.L.C.:   On October 11, 2010, the Alabama Court of Civil Appeals released an opinion dealing with the survivability of a workers’ compensation retaliatory di…

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  • 03
  • Nov
  • 2010

Alabama Supreme Court Affirms Retaliatory Discharge Bench Verdict in Favor of Employee

Ex parte Ray Keith Wood: On Friday October 29, 2010, the Supreme Court of Alabama handed down a decision concerning retaliatory discharge in a workers’ compensation claim. The emp…

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