Alabama Workers' Comp Blawg

  • 29
  • Oct
  • 2010

Verdict for Employee Reversed due to Notice and Statute of Limitations Violations

City of Gadsden v. Lawrence Scott: On October 29, 2010, the Alabama Court of Civil Appeals released this opinion wherein it considered whether or not the employee proved by clear …

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  • 15
  • Oct
  • 2010

NY Judge Grants Discovery of Facebook and Myspace Postings

 Acting Justice Jeffrey Arlen Spinner has ruled that a plaintiff must give a defendant access to private postings from two social networking sites that could contradict claims s…

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  • 05
  • Oct
  • 2010

Government Loses in MSPA Claim - US v. Stricker

 United States v. Stricker In this case, the Government alleged that 907 recipients of the Abernathy settlement (a “global settlement” of $300 million) received Medicare payments…

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  • 01
  • Oct
  • 2010

Court of Civil Appeals Upholds Ruling on Medical Causation and Health Insurance Premium Reimbursement

Grund v. American Trim, LLC: On September 17, 1010, the Alabama Court of Civil Appeals upheld the Cullman Circuit Court’s decision to deny workers’ compensation benefits based on …

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  • 28
  • Sep
  • 2010

RICO Not an Exception to the Exclusive Remedy Provision in Michigan

Brown v. Cassens Transport Co. As previously discuss in our Blawg, the Federal District Court in Michigan was presented with a RICO claim based on the actions of the employer, ins…

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  • 16
  • Sep
  • 2010

Employers Cannot Expressly Limit Authorized Doctor's Ability to Make a Referral

Ex parte City of Prattville: On September 10, 2010, the Alabama Court of Civil Appeals considered the issue of whether an employer can limit an authorized treating physician’s abi…

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  • 11
  • Sep
  • 2010

Retaliatory Discharge Claim May Proceed to Arbitration

Dillard’s Inc. v. Kenneth Gallups: On September 10, 2010, the Alabama Court of Civil Appeals released this opinion in which it considered whether a retaliatory discharge claim (th…

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  • 11
  • Sep
  • 2010

Asthma Attacks Or Similar Conditions Can be Occupational Disease or Accidental Injury

Williams v. Valley View Health and Rehabilitation, LLC On September 10, 2010, the Court of Appeals released this opinion wherein it reversed the Trial Court’s grating of Summary J…

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  • 29
  • Aug
  • 2010

Evidence Supports Finding of New Injury Rather Than Recurrence of Previous Injury

On August 27, 2010, the Court of Civil Appeals released their opinion in the Water Works Board of the City of Birmingham v. Allan Isom, affirming the trial court’s decision that t…

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  • 24
  • Aug
  • 2010

Another Successful Defense Against Retaliatory Discharge Claim

An Etowah Count Jury returned a defense verdict in a retaliatory discharge claim on September 30, 2009. At trial, the evidence revealed that the employee was working for a lawn se…

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  • 23
  • Aug
  • 2010

Alabama Court of Civil Appeals Considers Matter Involving Last Injurious Exposure Rule

Jeff White v. HB&G Building Products, Inc.; On August 20, 2010, the Alabama Court of Civil Appeals considered a matter involving the Last Injurious Exposure Rule. This rule de…

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  • 13
  • Aug
  • 2010

Court of Civil Appeals Sets Forth Standard of Proof for Causation in Death Case

Karen Harris v. Russell Petroleum Corporation: On August 6, 2010 the Alabama Court of Civil Appeals set out the standard of proof when dealing with the medical cause of successive…

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  • 13
  • Aug
  • 2010

Another View of the Facts Does Not Support a Reversal

  Shadescrest Health Care Center v. Holloway Released August 6, 2010 The Alabama Court of Civil Appeals opined that just because there are two possible ways to view the facts do…

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  • 02
  • Aug
  • 2010

Court of Appeals Reverses Summary Judgment Due to Evidence of Exceptions to Going and Coming Rule

Michael Chad McDaniel v. Helmerich & Payne International Drilling Company: On July 30, 2010 the Alabama Court of Civil Appeals reversed a summary judgment based on the "going …

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  • 25
  • Jul
  • 2010

Permanent and Total Award Reversed Where Causation Not Proven by Substantial Evidence

W.A. Kendall & Company, Inc. v. Ryan Madison: On July 23, 2010, the Alabama Court of Civil Appeals reversed a verdict in favor of the plaintiff for permanent and total disabil…

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  • 25
  • Jul
  • 2010

Evidence of Earning Capacity Loss Held Inadmissible and Apportionment of Preexisting Conditions Not Allowed

Joseph Grace v. Standard Furniture Manufacturing Company, Inc.: On July 23, 2010, the Alabama Court of Civil Appeals released this opinion wherein it affirmed the trial court to t…

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  • 14
  • Jul
  • 2010

Claimants Must Continue to Satisfy Arising Out of Test

On April 17, 2009, the Court of Civil Appeals released its opinion in Lana Brown v. Patsy Patton d/b/a Korner Store. You can find a summary of the holding on our Blawg under the c…

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  • 09
  • Jul
  • 2010

Using Arbitration Forums Special Arbitration Agreement to Efficiently Subrogate Small Claims

In cases where a worker is injured by a third party’s wrongdoing the workers’ compensation insurance carrier is entitled to recover a portion of the benefits it pays out from th…

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  • 06
  • Jul
  • 2010

Is it Necessary to Secure a Separate HIPAA Release to Disperse Records to an Expert Witness?

Although workers' compensation matters are exempted from HIPAA, it is a regular practice to have the claimant sign HIPAA releases so that the employer's attorney can review all of…

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  • 01
  • Jul
  • 2010

A Jury Can Make a Difference

An often overlooked section of the Alabama Workers’ Compensation Act is the right to a jury trial. Factual and legal issues for workers’ compensation cases are typically resolved …

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