- 01
- Oct
- 2010
Court of Civil Appeals Upholds Ruling on Medical Causation and Health Insurance Premium Reimbursement
Grund v. American Trim, LLC: On September 17, 1010, the Alabama Court of Civil Appeals upheld the Cullman Circuit Court’s decision to deny workers’ compensation benefits based on …
Read More- 28
- Sep
- 2010
RICO Not an Exception to the Exclusive Remedy Provision in Michigan
Brown v. Cassens Transport Co. As previously discuss in our Blawg, the Federal District Court in Michigan was presented with a RICO claim based on the actions of the employer, ins…
Read More- 16
- Sep
- 2010
Employers Cannot Expressly Limit Authorized Doctor's Ability to Make a Referral
Ex parte City of Prattville: On September 10, 2010, the Alabama Court of Civil Appeals considered the issue of whether an employer can limit an authorized treating physician’s abi…
Read More- 11
- Sep
- 2010
Retaliatory Discharge Claim May Proceed to Arbitration
Dillard’s Inc. v. Kenneth Gallups: On September 10, 2010, the Alabama Court of Civil Appeals released this opinion in which it considered whether a retaliatory discharge claim (th…
Read More- 11
- Sep
- 2010
Asthma Attacks Or Similar Conditions Can be Occupational Disease or Accidental Injury
Williams v. Valley View Health and Rehabilitation, LLC On September 10, 2010, the Court of Appeals released this opinion wherein it reversed the Trial Court’s grating of Summary J…
Read More- 29
- Aug
- 2010
Evidence Supports Finding of New Injury Rather Than Recurrence of Previous Injury
On August 27, 2010, the Court of Civil Appeals released their opinion in the Water Works Board of the City of Birmingham v. Allan Isom, affirming the trial court’s decision that t…
Read More- 24
- Aug
- 2010
Another Successful Defense Against Retaliatory Discharge Claim
An Etowah Count Jury returned a defense verdict in a retaliatory discharge claim on September 30, 2009. At trial, the evidence revealed that the employee was working for a lawn se…
Read More- 23
- Aug
- 2010
Alabama Court of Civil Appeals Considers Matter Involving Last Injurious Exposure Rule
Jeff White v. HB&G Building Products, Inc.; On August 20, 2010, the Alabama Court of Civil Appeals considered a matter involving the Last Injurious Exposure Rule. This rule de…
Read More- 13
- Aug
- 2010
Court of Civil Appeals Sets Forth Standard of Proof for Causation in Death Case
Karen Harris v. Russell Petroleum Corporation: On August 6, 2010 the Alabama Court of Civil Appeals set out the standard of proof when dealing with the medical cause of successive…
Read More- 13
- Aug
- 2010
Another View of the Facts Does Not Support a Reversal
Shadescrest Health Care Center v. Holloway Released August 6, 2010 The Alabama Court of Civil Appeals opined that just because there are two possible ways to view the facts do…
Read More- 02
- Aug
- 2010
Court of Appeals Reverses Summary Judgment Due to Evidence of Exceptions to Going and Coming Rule
Michael Chad McDaniel v. Helmerich & Payne International Drilling Company: On July 30, 2010 the Alabama Court of Civil Appeals reversed a summary judgment based on the "going …
Read More- 25
- Jul
- 2010
Permanent and Total Award Reversed Where Causation Not Proven by Substantial Evidence
W.A. Kendall & Company, Inc. v. Ryan Madison: On July 23, 2010, the Alabama Court of Civil Appeals reversed a verdict in favor of the plaintiff for permanent and total disabil…
Read More- 25
- Jul
- 2010
Evidence of Earning Capacity Loss Held Inadmissible and Apportionment of Preexisting Conditions Not Allowed
Joseph Grace v. Standard Furniture Manufacturing Company, Inc.: On July 23, 2010, the Alabama Court of Civil Appeals released this opinion wherein it affirmed the trial court to t…
Read More- 14
- Jul
- 2010
Claimants Must Continue to Satisfy Arising Out of Test
On April 17, 2009, the Court of Civil Appeals released its opinion in Lana Brown v. Patsy Patton d/b/a Korner Store. You can find a summary of the holding on our Blawg under the c…
Read More- 09
- Jul
- 2010
Using Arbitration Forums Special Arbitration Agreement to Efficiently Subrogate Small Claims
In cases where a worker is injured by a third party’s wrongdoing the workers’ compensation insurance carrier is entitled to recover a portion of the benefits it pays out from th…
Read More- 06
- Jul
- 2010
Is it Necessary to Secure a Separate HIPAA Release to Disperse Records to an Expert Witness?
Although workers' compensation matters are exempted from HIPAA, it is a regular practice to have the claimant sign HIPAA releases so that the employer's attorney can review all of…
Read More- 01
- Jul
- 2010
A Jury Can Make a Difference
An often overlooked section of the Alabama Workers’ Compensation Act is the right to a jury trial. Factual and legal issues for workers’ compensation cases are typically resolved …
Read More- 22
- Jun
- 2010
Workers Compensation Rate Changes Effective July 1, 2010
Birmingham, AL - On May 27, 2010, in accordance with the provisions of Section 25-5-68(c), Code of Alabama, 1975, as last amended, the Director of Industrial Relations determined …
Read More- 22
- Jun
- 2010
Going In-Depth with the Laws Governing Injured Oil Spill Workers Claims
As we mentioned in our previous post, injured workers’ claims arising out of the oil spill cleanup will be governed by three sets of laws: the Jones Act, the Longshore and Harbor …
Read More- 22
- Jun
- 2010
Alabama Court of Appeals Says Don't Go Changing
Ex parte Siemag The Alabama Court of Civil Appeals denied a petition for a writ of mandamus (to compel the lower court to reverse itself) sought by two defendant corporations that…
Read More
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