Alabama Workers' Comp Blawg

  • 16
  • Aug
  • 2013

Alabama Court of Civil Appeals Reverses in Round Three of Scheduled Injury Case

On August 16, 2013, The Alabama Court of Civil Appeals released its opinion in the matter of DuBose Construction Company, LLC v. James Simmon. This was the third time this case h…

Read More
  • 13
  • Aug
  • 2013

Alabama Tort Claims Involving Workplace Conditions Are Precluded by the Exclusivity Doctrine

On August 9, 2013, the Alabama Court of Civil Appeals released its decision in Devero v. North American Bus Industries, in which it upheld summary judgment in favor of North Ameri…

Read More
  • 31
  • Jul
  • 2013

Portions of Post-Offer Medical Examinations May Violate Federal Law

The EEOC filed lawsuits this past May, claiming that employers had violated the Genetic Information Nondiscrimination Act (GINA) and the Americans with Disabilities Act (ADA) when…

Read More
  • 30
  • Jul
  • 2013

Alabama Court Persuaded by Employee's Testimony Instead of Medical Evidence

The Alabama Court of Civil Appeals recently affirmed a trial court’s determination of disability which was based on the employee’s subjective complaints of pain and her appearance…

Read More
  • 26
  • Jul
  • 2013

Alabama Courts Consider Twilight Zone of Concurrent Jurisdiction

The Supreme Court of Alabama recently addressed preemption of the Alabama Workers’ Compensation Act by the Federal Longshore and Harbors Workers’ Compensation Act (LHWCA) in Ferna…

Read More
  • 22
  • Jul
  • 2013

Alabama Judges can Assign Disability Ratings that are Lower than the Impairment Rating Assigned by the Doctor

On July 19, 2013, the Alabama Court of Civil Appeals released its opinion in Gore v. Lafarge North America, Inc. wherein it addressed the trial judge’s ability to assign a disabil…

Read More
  • 22
  • Jul
  • 2013

Alabama Workers Compensation Rate Change Effective July 1, 2013

For claims occurring on or after July 1, 2013, the maximum workers’ compensation rate is $788 per week and the minimum is $217 per week. This change is based on the Commissioner …

Read More
  • 08
  • Jul
  • 2013

Alabama Supreme Court Reverses Court of Civil Appeals' Decision in Retaliatory Discharge Case

On June 28, 2013, the Supreme Court of Alabama released its opinion in the case of Ex parte Stanford D. Isbell, wherein it reversed the the Court of Civil Appeals which overturned…

Read More
  • 28
  • Jun
  • 2013

Alabama Court Holds Employer Provided UM Benefits Subject to Subrogation

On June 21, 2013, the Alabama Court of Civil Appeals released its decision in the case of Samuel Roblero v. Cox Pools of the Southeast, Inc. In that case, the Court of Appeals up…

Read More
  • 28
  • May
  • 2013

Alabama Court of Civil Appeals Considers Last Injurious Exposure Rule

Office Max, Inc. v. Academy, Ltd. - Released May 17, 2013 This case stems from a workers’ compensation case involving an employee of Office Max. The employee claimed that in 2002 …

Read More
  • 15
  • May
  • 2013

Bipartisan Medicare Legislation Introduced to the House of Representatives

Reps. Dave Reichert (R-WA) and Mike Thompson (D-CA) introduced the Medicare Secondary Payer and Workers’ Compensation Settlement Agreement Act (H.R. 1982) into the House of Repres…

Read More
  • 21
  • Apr
  • 2013

Alabama Court of Civil Appeals Addresses Several Issues in Affirming Permanent and Total Award

On April 19, 2013, the Alabama Court of Civil Appeals released its opinion in McAbee Construction, Inc. v. Elvin Allday. At trial, the employee presented evidence that he had wor…

Read More
  • 11
  • Mar
  • 2013

Unexplained Falls are not Compensable in Alabama

On March 1, 2013, the Alabama Court of Civil Appeals released its opinion in Ex Parte Russell Threadgill wherein it denied in part and granted in part the employee’s petition for …

Read More
  • 20
  • Feb
  • 2013

Alabama's Judicial Estoppel Defense in Workers' Compensation Matters... Use it or Lose it!

On February 15, 2013, the Alabama Court of Civil Appeals released its opinion in CVS/Caremark Corp. v. Gloria Washington wherein it addressed  the affirmative defense of judicial …

Read More
  • 19
  • Feb
  • 2013

Alabama Judge Addresses Link Between Manual Labor and Cumulative Trauma Injuries

On February 8, 2013, the Alabama Court of Civil Appeals released its opinion in Ex Parte Johns & Kirksey, Inc. wherein it denied an employer’s petition for a writ of mandamus.…

Read More
  • 18
  • Jan
  • 2013

SMART Act Improves Medicare Conditional Payment System

On January 10, 2013, President Obama signed the SMART Act (the Strengthening Medicare and Re-Paying Tax Payers Act) into law. The Act reforms certain aspects of Medicare’s requi…

Read More
  • 17
  • Jan
  • 2013

Experiencing Temporary Symptoms does not Constitute a Permanent Aggravation

In Alabama, an aggravation of a preexisting condition can be treated as a new injury if the claimant was working without restriction prior to the accident date or date of last exp…

Read More
  • 09
  • Jan
  • 2013

Alabama Workers Compensation Organization 2013 Dues and Spring Conference

Membership in the Alabama Workers’ Compensation Organization offers a number of professional and social opportunities. Among these is the popular 3 day Annual Spring Conference u…

Read More
  • 07
  • Jan
  • 2013

2013 Alabama Mileage Reimbursement Rate Update

Effective January 1, 2013, the standard mileage reimbursement rate for Alabama was increased to 56.5 cents per mile.  

Read More
  • 17
  • Dec
  • 2012

Alabama Court of Civil Appeals Reverses Order Requiring Employer to Pay Medical on Twenty Five Year Old Injury

On December 14, 2012, the Alabama Court of Civil Appeals released its opinion in Goodyear Tire & Rubber Company v. Marvin Wilson. On appeal, was the trial court’s holding tha…

Read More



Follow and connect with us!