- 17
- Jun
- 2010
CMS New Policy Changes Announced in May 2010 Memo
CMS’ new policy memorandum addresses the separate issues of (a) off label and/or unlabeled outpatient drug uses and (b) rated ages in relation to the agency’s Workers’ Compensat…
Read More- 14
- Jun
- 2010
OIL SPILL LIKELY TO LEAD TO FUTURE WORKERS COMPENSATION CLAIMS
On April 20, 2010, Transocean’s Deepwater Horizon drilling rig exploded, leading to 1.3 million gallons of crude oil leaking into the Gulf of Mexico per day. By comparison, the Ex…
Read More- 11
- Jun
- 2010
UNITED STATES DISTRICT COURT DISMISSES RICO CLAIM
Jackson v. Sedgwick Claims Management Services, Inc., No. 09-11529 (E.D. Mich. 03/11/10): A U.S. District Court (Eastern District of Michigan) recently determined that an alleged …
Read More- 11
- Jun
- 2010
TRIAL COURT REVERSED ON ORDER FOR PANEL OF FOUR BUT AFFIRMED ON NOTICE AND CAUSATION ISSUES
Equity Group – Alabama Division d/b/a Keystone Foods v. Rodney DeWayne Harris: On June 4, 2010, the Alabama Court of Civil Appeals released this opinion wherein it affirmed the Tr…
Read More- 08
- Jun
- 2010
NEW YORK PASSES ANTI WORKPLACE BULLYING STATUTE
On May 12, the New York State Senate passed a bill allowing workers to sue their employers for any harm suffered by “workplace bullying.” The bill defines bullying broadly and …
Read More- 09
- May
- 2010
RETALIATORY DISCHARGE VERDICT REVERSED
M & J Materials, Inc. v. Isbell: On May 7, 2010, the Alabama Court of Civil Appeals released this opinion wherein it reversed the trial court’s decision to deny the employer’s…
Read More- 16
- Apr
- 2010
HOUSE BILL REGARDING CAP AND SCHEDULE DEAD IN THE WATER
According to the Alabama Self Insured Association, House Bill 21 which proposed lifting the $220 cap and weakening the schedule limitation was killed in the House Commerce Committ…
Read More- 02
- Apr
- 2010
HOUSE BILL REGARDING CAP AND SCHEDULE PROBABLY DEAD FOR THIS SESSION
House Bill 21 which proposes lifting the $220 cap and weakening the schedule limitation will not likely be reached in this legislative session. According to the Alabama Self Insur…
Read More- 31
- Mar
- 2010
VIOLATION OF A SAFETY RULE NOT ALWAYS WILLFUL MISCONDUCT
McWane, Inc. v. McClurg; released 3/26/2010 The Alabama Court of Civil Appeals outlined what is required to prevail when asserting the defense of willful misconduct. The Court he…
Read More- 31
- Mar
- 2010
WHEN REFUSAL WILL STOP ENTITLEMENT TO BENEFITS
McWane, Inc. v. McClurg; released 3/26/2010 The Court of Appeals addressed three separate issues related to an employee’s refusal resulting in benefits being stopped during the pe…
Read More- 26
- Mar
- 2010
EMPLOYER PREVAILS IN RICO CLAIM AGAINST EMPLOYEES
On March 14th, 2010 a federal judge entered a default judgment for the amount of $2,264,690.68 against 86 workers’ compensation claimants in a Racketeer Influenced and Corrupt Org…
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- 16
- Mar
- 2010
EMPLOYER WINS RETALIATORY DISCHARGE CLAIM ON APPEAL
Black Creek, Inc. v. Ray Keith Wood: On March 12, 2010, the Alabama Court of Civil Appeals released this opinion wherein it reversed a denial of a motion for a judgment as a matte…
Read More- 16
- Mar
- 2010
PLAINTIFF WINS RETALIATORY DISCHARGE CLAIM BUT IS AWARDED NO DAMAGES
Early last year in the Circuit Court of Etowah County, the trial judge entered judgment in favor of a plaintiff in her retaliatory discharge claim but awarded her no compensatory …
Read More- 14
- Mar
- 2010
PTSD HELD NOT TO BE A OCCUPATIONAL DISEASE IN ABSENCE OF PHYSICAL INJURY
Robert Cocking v. City of Montgomery: On March 12, 2010, the Alabama Court of Civil Appeals considered the issue of whether Post Traumatic Stress Disorder ("PTSD") was compensable…
Read More- 14
- Mar
- 2010
TAKING CONTROL OF DOCTOR REFERRALS
Recently, a client of this law firm was presented with a situation where the authorized treating physician made a referral to a specific pain management facility. Our client felt …
Read More- 14
- Mar
- 2010
TAKING CONTROL OF DOCTOR REFERRALS
Recently, a client of this law firm was presented with a situation where the authorized treating physician made a referral to a specific pain management facility. Our client felt …
Read More- 14
- Mar
- 2010
TAKING CONTROL OF DOCTOR REFERRALS
Recently, a client of this law firm was presented with a situation where the authorized treating physician made a referral to a specific pain management facility. Our client felt …
Read More- 09
- Mar
- 2010
SEPARATION OF PHYSICIAN AND SURGEON
Ex parte Nicholas Kish: On March 5, 2010, the Court of Civil Appeals granted a Writ of Mandamus ordering the Trial Court to grant the employees Motion to Compel a panel of four su…
Read More
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