Alabama Workers' Comp Blawg

  • 22
  • Jun
  • 2010

Workers Compensation Rate Changes Effective July 1, 2010

Birmingham, AL - On May 27, 2010, in accordance with the provisions of Section 25-5-68(c), Code of Alabama, 1975, as last amended, the Director of Industrial Relations determined …

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  • 22
  • Jun
  • 2010

Going In-Depth with the Laws Governing Injured Oil Spill Workers Claims

As we mentioned in our previous post, injured workers’ claims arising out of the oil spill cleanup will be governed by three sets of laws: the Jones Act, the Longshore and Harbor …

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  • 22
  • Jun
  • 2010

Alabama Court of Appeals Says Don't 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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  • 17
  • Jun
  • 2010

CMS New Policy Changes Announced in May 2010 Memo

CMS’ new policy memorandum addresses the separate issues of (a) off label and/or unlabeled outpatient drug uses and (b) rated ages in relation to the agency’s Workers’ Compensat…

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  • 14
  • Jun
  • 2010

OIL SPILL LIKELY TO LEAD TO FUTURE WORKERS COMPENSATION CLAIMS

On April 20, 2010, Transocean’s Deepwater Horizon drilling rig exploded, leading to 1.3 million gallons of crude oil leaking into the Gulf of Mexico per day. By comparison, the Ex…

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  • 11
  • Jun
  • 2010

UNITED STATES DISTRICT COURT DISMISSES RICO CLAIM

Jackson v. Sedgwick Claims Management Services, Inc., No. 09-11529 (E.D. Mich. 03/11/10): A U.S. District Court (Eastern District of Michigan) recently determined that an alleged …

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  • 11
  • Jun
  • 2010

TRIAL COURT REVERSED ON ORDER FOR PANEL OF FOUR BUT AFFIRMED ON NOTICE AND CAUSATION ISSUES

Equity Group – Alabama Division d/b/a Keystone Foods v. Rodney DeWayne Harris: On June 4, 2010, the Alabama Court of Civil Appeals released this opinion wherein it affirmed the Tr…

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  • 08
  • Jun
  • 2010

NEW YORK PASSES ANTI WORKPLACE BULLYING STATUTE

  On May 12, the New York State Senate passed a bill allowing workers to sue their employers for any harm suffered by “workplace bullying.”  The bill defines bullying broadly and …

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  • 09
  • May
  • 2010

RETALIATORY DISCHARGE VERDICT REVERSED

M & J Materials, Inc. v. Isbell: On May 7, 2010, the Alabama Court of Civil Appeals released this opinion wherein it reversed the trial court’s decision to deny the employer’s…

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  • 16
  • Apr
  • 2010

HOUSE BILL REGARDING CAP AND SCHEDULE DEAD IN THE WATER

According to the Alabama Self Insured Association, House Bill 21 which proposed lifting the $220 cap and weakening the schedule limitation was killed in the House Commerce Committ…

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  • 02
  • Apr
  • 2010

HOUSE BILL REGARDING CAP AND SCHEDULE PROBABLY DEAD FOR THIS SESSION

House Bill 21 which proposes lifting the $220 cap and weakening the schedule limitation will not likely be reached in this legislative session. According to the Alabama Self Insur…

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  • 31
  • Mar
  • 2010

VIOLATION OF A SAFETY RULE NOT ALWAYS WILLFUL MISCONDUCT

McWane, Inc. v. McClurg; released 3/26/2010  The Alabama Court of Civil Appeals outlined what is required to prevail when asserting the defense of willful misconduct. The Court he…

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  • 31
  • Mar
  • 2010

WHEN REFUSAL WILL STOP ENTITLEMENT TO BENEFITS

McWane, Inc. v. McClurg; released 3/26/2010 The Court of Appeals addressed three separate issues related to an employee’s refusal resulting in benefits being stopped during the pe…

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  • 26
  • Mar
  • 2010

EMPLOYER PREVAILS IN RICO CLAIM AGAINST EMPLOYEES

On March 14th, 2010 a federal judge entered a default judgment for the amount of $2,264,690.68 against 86 workers’ compensation claimants in a Racketeer Influenced and Corrupt Org…

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  • 23
  • Mar
  • 2010

TRIAL COURT DECISION TO REMOVE LEFT HAND INJURY FROM SCHEDULE IS REVERSED

G.UB.MK Constructors v. Howard Lee Davis: On March 19, 2010, the Alabama Court of Civil Appeals released this opinion wherein it reversed the trial court’s decision to remove a ha…

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  • 18
  • Mar
  • 2010

HIGH STANDARD FOR PAIN TO TAKE INJURY OUT OF SCHEDULE

Norandal U.S.A. Inc. v. Graben released 3/12/2010 This was the second time Norandal U.S.A. Inc. v. Graben came before the Court of Appeals. A summary of the previous holding is lo…

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  • 16
  • Mar
  • 2010

EMPLOYER WINS RETALIATORY DISCHARGE CLAIM ON APPEAL

Black Creek, Inc. v. Ray Keith Wood: On March 12, 2010, the Alabama Court of Civil Appeals released this opinion wherein it reversed a denial of a motion for a judgment as a matte…

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  • 16
  • Mar
  • 2010

PLAINTIFF WINS RETALIATORY DISCHARGE CLAIM BUT IS AWARDED NO DAMAGES

Early last year in the Circuit Court of Etowah County, the trial judge entered judgment in favor of a plaintiff in her retaliatory discharge claim but awarded her no compensatory …

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  • 16
  • Mar
  • 2010

PLAINTIFF WINS RETALIATORY DISCHARGE CLAIM BUT IS AWARDED NO DAMAGES

Early last year in the Circuit Court of Etowah County, the trial judge entered judgment in favor of a plaintiff in her retaliatory discharge claim but awarded her no compensatory …

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  • 14
  • Mar
  • 2010

PTSD HELD NOT TO BE A OCCUPATIONAL DISEASE IN ABSENCE OF PHYSICAL INJURY

Robert Cocking v. City of Montgomery: On March 12, 2010, the Alabama Court of Civil Appeals considered the issue of whether Post Traumatic Stress Disorder ("PTSD") was compensable…

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