- 19
- Sep
- 2012
Once Bitten Twice Denied
On September 14, 2012, The Alabama Supreme Court released its decision in the case of Ex parte Johnnie L. Odom. In Mercy Logging, LLC v. Johnnie L. Odom, the Alabama Court of Civ…
Read More- 19
- Sep
- 2012
Court Looks at Totality of Circumstances and Determines Accident did not Arise out of or in the Course of Employment
On September 14, 2012, the Alabama Court of Civil Appeals released its opinion in McDuffie v. Medical Center Enterprise. Nancy McDuffie worked as a Patient Care Attendant at Medic…
Read More- 11
- Sep
- 2012
Alabama Workers Compensation Organization 2012 Fall Conference
Just a reminder that the AWCO will be putting on its Fall Conference at the Westin Hotel in Huntsville, Alabama on October 29th and 30th. Along with a fantastic line up of speaker…
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- 27
- Jul
- 2012
Alabama Workers Compensation Organization 2012 Fall Conference
The AWCO will be putting on its Annual Fall Conference on October 29th and 30th at the Westin Hotel in Huntsville, Alabama. This conference always provides a fantastic line up of …
Read More- 27
- Jul
- 2012
Rattlesnake Roundup Gone Awry
On July 27, 2012, the Alabama Court of Civil Appeals released its opinion in Mercy Logging, LLC v. Johnnie L. Odom wherein it reversed the trial court’s finding that the employee …
Read More- 20
- Jul
- 2012
Alabama Supreme Court Reverses Court of Civil Appeals Holding in Ex parte Caldwell
On July 20, 2012, the Alabama Supreme Court released its opinion in Ex parte Caldwell (In re: West Fraser, Inc. v. Windell Caldwell, Sr.), reversing the earlier January 13, 2012 h…
Read More- 11
- Jun
- 2012
Workers Compensation Rate Change Effective July 1, 2012
Beginning July 1, 2012, the maximum worker’s compensation payable will be $771 per week and the minimum will be $212 per week. This change is based on the Director of Industrial …
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- 23
- May
- 2012
Worker Can Say FUB and Still Get TTD
An employee had an injury while working for Tyson Poultry in Arkansas. He was placed under light-duty restrictions by his physician, and Tyson accommodated those restrictions. Whi…
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- 02
- May
- 2012
Use of Common Law Defense of Misrepresentation in Workers Compensation
As previously reported on August 5, 2011, the Alabama Court of Civil Appeals held in the case of Cascaden v. Winn-Dixie Montgomery, LLC that an employer need not rely upon an empl…
Read More- 25
- Apr
- 2012
The Court of Civil Appeals Addresses Statute of Limitations, Notice and Standard of Proof Dealing With a Foot Injury, Successive Back Injury and Traumatic Back Injury
On April 20, 2012, the Alabama Court of Civil Appeals released its decision in the case of Mobile Airport Authority v. Robert Etheredge affirming the trial court’s permanent and t…
Read More- 25
- Apr
- 2012
Court of Appeals Upholds Two-Part Test for Causation but Affirms Judgment for Employee
On April 20, 2012, the Alabama Court of Civil Appeals released its decision in the case of Ex parte Advantage Resourcing, Inc., in which it addressed both legal and medical causat…
Read More- 19
- Apr
- 2012
Alabama Court of Civil Appeals Addresses Medical Causation
On April 13, 2012, the Alabama Court of Civil Appeals released its opinion in Maxim Healthcare Services, Inc. v. Freeman, in which the Court addressed an employee’s burden of proo…
Read More- 03
- Apr
- 2012
Court Addresses Traveling Employee Exception to Coming and Going Rule
On March 30, 2012, the Alabama Court of Civil Appeals released its decision in the case of McDaniel v. Helmerich & Payne International Drilling Co., In this case, the Appellat…
Read More- 03
- Apr
- 2012
Employers Subrogation Interest Takes Priority Over Employees Recovery
The Alabama Court of Civil Appeals recently released its opinion in the case of Nuss Lumber Co., Inc. v. The Estate of Andy Monghan, in which the Court addressed the employer’s ri…
Read More- 27
- Mar
- 2012
Workers' Compensation Benefits Can Be Taxable
If the total amount of Social Security Disability Insurance (SSDI) and WC monthly payments exceeds 80% of the claimant’s (monthly) Average Current Earnings, then the SSDI payments…
Read More- 25
- Mar
- 2012
Free Registration for New Orleans Workers' Compensation Conference
The National Workers’ Compensation Defense Network will host a conference on June 6 & 7, 2012 in New Orleans. The June 6 evening reception will be held at the National WWII Mu…
Read More- 25
- Mar
- 2012
Discoverable Records in an Outrage Claim
Ex Parte Liberty Mutual Insurance Co. - Petition for Writ of Mandamus Released March 16, 2012 The Alabama Court of Civil Appeals addressed discovery issues in an outrage claim whe…
Read More
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