Alabama Workers' Comp Blawg

  • 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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  • 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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