- 05
- May
- 2022
The Alabama Exception to the Schedule that is not an Exception
In somewhat of a revelation, I learned today that there are not 3 exceptions to the schedule. Not only have I firmly believed that to be the case, I taught others on the subject.…
Read More- 26
- Jun
- 2015
Alabama Court of Appeals Finds Inability to Return to Work is not Exception to Schedule
On June 19, 2014, the Alabama Court of Civil Appeals released its second opinion inGoodyear Tire & Rubber Co. v. Bush (). The first time around the Court of Appeals addressed …
Read More- 23
- Aug
- 2014
Alabama Court of Appeals Declines to find Permanent and Total Disability to be Exception to the Schedule
On August 22, 2014, the Alabama Court of Civil Appeals released its opinion in Goodyear Tire & Rubber Co. v. Stephen Bush. Bush alleged on February 11, 2011, he was walking…
Read More- 12
- Apr
- 2014
Alabama Court Considers Facts Necessary to Remove Injury from Schedule
The Court of Appeals recently reversed a trial court’s decision awarding benefits outside of the statutory schedule in American Cast Iron Pipe Company v. Sharon Blackmon. The Cour…
Read More- 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- 10
- Aug
- 2012
No Pain No Gain
On August 10, 2012, the Alabama Court of Civil Appeals released its opinion in Gold Kist, Inc. v. Delores Diane Smith wherein it reversed a permanent and total award. At trial, th…
Read More- 11
- Jun
- 2012
Court of Appeals Amends its Opinion in Denmark v. Industrial Manufacturing Specialists, Inc.
On June 8, 2012, the Alabama Court of Civil Appeals amended its previous opinion in Denmark v. Industrial Manufacturing Specialists, Inc. As reported on our blog on May 7, 2012, t…
Read More- 07
- May
- 2012
Court of Appeals Addresses Injuries Affecting More than One Scheduled Member and Double Compensation for Injuries to Minors
On May 4, 2012, the Alabama Court of Civil Appeals released its decision in the case of Denmark v. Industrial Manufacturing Specialists, Inc. In that case, the Court addressed whe…
Read More- 20
- Aug
- 2011
The Pain Exception to a Scheduled Injury is Exceptionally High
On August 19, 2011 the Alabama Court of Civil Appeals released its second opinion in the matter styled G.UB.MK Constructors v. Davis, which was previously remanded to the trial co…
Read More- 24
- Mar
- 2011
Physical Injury to Other Body Parts not Necessary to Remove from Schedule
The Alabama Supreme Court released its opinion in Ex parte Thomas Hayes (In re: Vintage Pharmaceuticals, LLC v. Thomas Hayes) on March 18, 2011, holding that an injured worker wil…
Read More- 29
- Dec
- 2010
Psych can be Pain Exception for Scheduled Injury
On December 17, 2010 the Court of Civil Appeals released its opinion in Caseco, LLC. v. Dingman. The Court of Civil Appeals addressed the Last-Injurious-Exposure Rule and a psycho…
Read More- 13
- Dec
- 2010
Pain Must Reach Disabling Levels To Move Injury Outside of Schedule
On Friday the Alabama Court of Civil Appeals released an opinion concerning a workers’ compensation case involving an employee who had injured her foot and claimed that, due to t…
Read More- 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…
Read More- 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…
Read More- 07
- Nov
- 2009
TRIAL COURT REVERSED ON FINDING THAT SHOULDER WAS A SCHEDULED INJURY BUT AFFIRMED ON FINDING THAT BACK INJURY WAS NOT COMPENSABLE
Karen Taylor v. Goodyear Tire & Rubber Company, Inc.: On November 6, 2009, the Alabama Court of Civil Appeals released this opinion wherein it considered 3 issues. First, i…
Read More- 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…
Read More- 20
- Feb
- 2009
PERMANENT AND TOTAL AWARD FOR LEG INJURY REVERSED
Norandal U.S.A., Inc. v. Welton Graben: On February 20, 2009, the Alabama Court of Civil Appeals released this opinion wherein it reversed and remanded the trial court’s decision …
Read More- 20
- Dec
- 2008
TRIAL COURT'S DECISION TO CIRCUMVENT SCHEDULE FOR KNEE INJURY REVERSED
Solomon Motor Company v. Earnest Dean: In this opinion released on December 19, 2008, the Alabama Court of Civil Appeals considered a trial court’s decision to sidestep the schedu…
Read More- 13
- Dec
- 2008
CIRCUMVENTING THE SCHEDULE
Child Day Care Association v. Victoria Christesen: In this opinion released on December 12, 2008, the Alabama Court of Civil Appeals upheld the trial court’s decision not to apply…
Read More- 02
- Nov
- 2008
PAIN EXCEPTION TO SCHEDULE
Gold Kist, Inc. v. Porter --- So.2d ----, 2008 WL 4757112 (Ala.Civ.App. 2008): In this opinion released on October 31, 2008, the Alabama Court of Civil Appeals affirmed the trial …
Read More
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