Alabama Workers' Comp Blawg

  • 28
  • Oct
  • 2009

JEFFERSON COUNTY JURY FINDS IN FAVOR OF EMPLOYER IN RETALIATORY DISCHARGE CLAIM

On June 25th, 2009, a Jefferson County jury returned a verdict in favor of the employer in a retaliatory discharge lawsuit. It was uncontested that the plaintiff was terminated af…

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  • 26
  • Oct
  • 2009

ALABAMA WORKERS COMP BLAWG NAMED TO LEXISNEXIS TOP 25 BLOGS FOR WORKERS COMPENSATION

We are proud to announce that the Alabama Workers’ Comp Blawg was recently selected as a LexisNexis Top 25 Blogs for Workers Compensation and Workplace Issues.   Selections were m…

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  • 16
  • Oct
  • 2009

EMPLOYER ORDERED TO PAY MEDICAL CHARGES THAT IT DISALLOWED IN BILL SCREENING PROCESS

Steward Machine Company, Inc. v. Board of Trustees of the University of Alabama, for it division University of Alabama Hospital On October 16, 2009, the Alabama Court of Civil App…

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  • 15
  • Oct
  • 2009

MISSING DOCUMENTS USED TO PROVE CASE

An interesting development from another jurisdiction. On October 8, 2009 a New York appeals court agreed with the New York State Workers' Compensation Board that a data entry empl…

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  • 12
  • Oct
  • 2009

SURVIVING DEPENDENT SPOUSE ENTITLED TO BENEFITS WHERE INJURED EMPLOYEE DIED DURING APPEAL

General Electric Company v. Mary Ann Baggett, as surviving dependent spouse of Charles Baggett:  On October 9, 2009, the Alabama Court of Civil Appeals released this opinion where…

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  • 12
  • Oct
  • 2009

SCHEDULED MEMBER INJURY AS A TOTAL OR PARTIAL LOSS

General Elec. Co. v. Baggett (Part II): On October 9, 2009, in addition to ruling on the issue of a surviving spouse stepping into the shoes of the injured worker, the Court of Ap…

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  • 03
  • Oct
  • 2009

TRIAL COURT REVERSED CONCERNING METHOD FOR CREDITING EMPLOYER FOR TTD PAYMENTS AFTER MMI

Steam & Process Repairs v. Michael V. Cayton: On October 2, 2009, the Alabama Court of Civil Appeals released this opinion wherein it reversed the trial court in its method of…

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  • 01
  • Oct
  • 2009

FACEBOOK INFORMATION PROTECTED BY FEDERAL LAW

This is an update to a story from a few months ago in which we noted that the Philadelphia Bar Association issued an advisory that stated that it is unethical to gain access to a …

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  • 19
  • Sep
  • 2009

CLEAR AND CONVINCING EVIDENCE FOUND THAT WELDING JOB EITHER CAUSED OR CONTRIBUTED TO CHOROIDAL NEOVASCULARIZATION DESPITE LACK OF SUPPORTING EXPERT TESTIMONY

DeShazo Crane Company, LLC v. James L. Harris: On September 18, 2009, the Alabama Court of Civil Appeals released this opinion wherein it affirmed the trial court’s finding of per…

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  • 15
  • Sep
  • 2009

NCOIL DEFERS CONSIDERATION OF EMPLOYEE MISCLASSIFICATION WORKERS COMPENSATION COVERAGE MODEL ACT

On July 14, 2009, the National Conference of Insurance Legislators (NCOIL) met in Philadelphia, Pennsylvania for its 2009 NCOIL Summer Meeting. At the meeting, members of the Work…

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  • 14
  • Sep
  • 2009

INDIANA EMPLOYER FORCED TO PAY FOR OBESITY SURGERY

The Indiana Court of Appeals has ruled that an employer must pay for weight-loss surgery for an obese worker to ensure the success of another operation for a back injury he suffer…

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  • 04
  • Sep
  • 2009

PERMANENT AND TOTAL CASE REVERSED AND REMANDED WITH INSTRUCTIONS FOR TRIAL JUDGE TO CONSIDER EXTENT OF PAIN

Wehadkee Yarn Mills v. Deborah Harris: On September 4, 2009, the Alabama Court of Civil Appeals released this opinion wherein it reversed and remanded a permanent and total award …

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  • 04
  • Sep
  • 2009

EMPLOYER HELD TO BE PUT ON INQUIRY NOTICE WHEN COMPANY INFIRMARY STAFF IS MADE AWARE OF INFORMATION CONCERNING WORK INJURY

Goodyear Tire and Rubber Company v. Bobby Long: On September 4, 2009, the Alabama Court of Civil Appeals released this opinion concerning the issue of notice. At trial, the plaint…

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  • 30
  • Aug
  • 2009

TRIAL COURT DECISION REVERSED WHERE ORDER CONTAINED NO FINDINGS OF FACT OR CONCLUSIONS OF LAW

Joseph Grace v. Standard Furniture Manufacturing Company, Inc.: On August 28, 2009, the Alabama Court of Civil Appeals released this opinion wherein it reversed the trial court. A…

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  • 30
  • Aug
  • 2009

TRIAL COURT REVERSED WHERE FINDINGS OF FACT AND CONCLUSIONS OF LAW ARE NOT MADE CONCERNING ALL ISSUES

Fort James Holding Company, Inc., d/b/a Georgia Pacific v. Cheryl D. Morgan: On August 28, 2009, the Alabama Court of Civil Appeals released this opinion wherein it reversed the …

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  • 13
  • Aug
  • 2009

TWO WEEK DISCLOSURE REQUIREMENT

Effective January 12, 2009, the Workers’ Compensation Division of the Alabama Department of Industrial Relations amended Administrative Code § 480-5-5-.36. This section sets time …

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  • 31
  • Jul
  • 2009

COEMPLOYEE WILLFUL CONDUCT CLAIMS DO NOT ARISE UNDER THE ACT

Willie Jones v. Ray Ruth: On July 24, 2009, the Court of Civil Appeals reversed the Trial Court’s ruling that a settlement agreement barred the plaintiff’s claims against a co-emp…

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  • 31
  • Jul
  • 2009

APPEAL OF NONFINAL JUDGMENT DENIED

SouthernCare, Inc. v. Margaret Cowart: On July 31, 2009, the Alabama Court of Civil Appeals released this opinion in which it denied an appeal because it was an appeal of a non-fi…

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  • 31
  • Jul
  • 2009

ALLEGING THAT OTHER EMPLOYEES DID IT DOES NOT ESTABLISH THAT THE EMPLOYER APPLIED POLICES IN A DISCRIMINATORY MANNER IN A RETALIATORY DISCHARGE CASE

Black Creek, Inc. v. Ray Keith Wood On July 31, 2009, the Court of Appeals reversed the trial court’s ruling in favor of the plaintiff’s retaliatory discharge claim based on his f…

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  • 22
  • Jul
  • 2009

IF YOU REFUSE YOU LOSE

Do you have any claims where the claimant is asserting that she is permanently and totally disabled but she has refused a recommended surgical procedure? If so, then you may be ab…

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