- 27
- Nov
- 2019
In Alabama, Absent Supporting Medical Evidence, “Substantial Evidence” is Necessary to Prove Causation
On November 15, 2019, the Alabama Court of Civil Appeals released its opinion inEx parte Sea Coast Disposal, Inc., in response to a Petition for Writ of Mandamus. The employer a…
Read More- 31
- Mar
- 2019
Alabama Appellate Court Reverses Pain Management Order
On March 29, 2019, the Alabama Court of Civil Appeals released its opinion in Ex parte Trusswalk, Inc. wherein it addressed a trial court’s ability to order pain management …
Read More- 24
- Jul
- 2018
Alabama Assault Considered Work Related Despite Extended Period of Time Between Reason and Act
On July 13, 2018 the Alabama Court of Civil Appeals released its opinion in Lawler & Cole CPAs, LLC, and Alabama Retail Association d/b/a Alabama Retail Comp v. Donald Cole …
Read More- 22
- Jul
- 2017
In Alabama, Requirement to Liberally Construe Workers’ Compensation Act does not apply to Assignment of Weight to Evidence
On July 21, 2017, The Alabama Court of Civil Appeals released its opinion in Laura Wyatt v. Baptist Health System, Inc. In Wyatt, the employee was a patient-care tech that experie…
Read More- 24
- Jan
- 2017
Alabama Court Addresses Proper Way to Question Medical Treatment after Indemnity and Vocational Benefits are Settled
On September 23, 2016, the Alabama Court of Civil Appeals released its opinion inAugmentation, Inc. v. Harris. Debra Harris alleged injuries to her neck, back, and left shoulder w…
Read More- 19
- Sep
- 2016
Alabama Court of Civil Appeals Addresses Compensability of Injury First Documented Several Months After Accident
On September 9, 2016, the Alabama Court of Appeals released its decision in Kennamer Bros., Inc. v. Stewart, in which it affirmed the Circuit Court of Marshall County determinatio…
Read More- 27
- Jul
- 2016
Alabama Court Again Rules “Mere Possibility” Is Not Enough For Medical Causation
On July 22, 2016, the Alabama Court of Civil Appeals released its opinion in Smith v Brett/Robinson Construction Company, Inc. and again found that evidence which onl…
Read More- 04
- May
- 2016
Alabama Courts Find Causation to be Clear and Convincing even when Doctor's Opinion was Not
On April 29, 2016, the Alabama Court of Civil Appeals released its opinion in Leesburg Yarn Mills, Inc v. Thomas Hood. In Hood, the trial judge found the claimed stenosing tenosy…
Read More- 03
- Feb
- 2016
Prior Injury can Become New Injury in Alabama when Permanently Aggravated
The Alabama Court of Civil Appeals recently released its decision in the case ofIn re: Henry Riley v. Reed Contracting Services, Inc. (Ala. Civ. App. January 29, 2016). In its opi…
Read More- 02
- Mar
- 2015
Alabama Court of Appeals Reverses Trial Court's Order that Employer Pay for Knee Replacement
On February 27, 2015, the Alabama Court of Appeals released its decision in Ex parte Fairhope Health & Rehab, LLC. The facts of the case were as follows: The plaintiff, Lula D…
Read More- 27
- Feb
- 2015
A Horse is a Horse of Course, of Course, but in Alabama, Riding one may not be Considered in the Course
On February 27, 2015, the Alabama Court of Civil Appeals released its opinion inDana Louise Pollock v. Girl Scouts of Southern Alabama, Inc. wherein it considered a claimed injury…
Read More- 29
- Dec
- 2014
Alabama Court Finds Accident on the Way to Treatment for Injury Compensable
Flexicrew Staffing, Inc. v. Champion Released December 12, 2014 At the trial level the Baldwin County Circuit Court was presented with evidence related to whether of not Champio…
Read More- 12
- Apr
- 2014
Alabama Court Considers Temporary Flare up of a Preexisting Condition
The Alabama Court of Civil Appeals recently released an opinion wherein it considered the difference between a temporary flare versus a permanent aggravation of a preexisting cond…
Read More- 27
- Feb
- 2014
Alabama Car Accident Probably Handled Differently in New Jersey
St. Louis attorney, J. Bradley Young, recently posted an interesting blog article entitled This Story Shows Why Employers are Frustrated with Workers Comp Judges. In the article,…
Read More- 30
- Oct
- 2013
Australian High Court Holds Sex Injury During Business Trip Not to be Compensable
Now that I have your attention, let me elaborate. An Australian federal employee was on a business trip when she met up with a man and had sex with him in her hotel room. While …
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- 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- 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- 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- 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
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