Alabama Workers' Comp Blawg

  • 08
  • Feb
  • 2010

PROPOSED REMOVAL OF $220 CAP AND SCHEDULE LIMITATION

The Legislators are at it again. Democratic Representative Joseph Mitchell, of Mobile has introduced HB 21 in the 2010 session that would seek to remove the $220 cap on weekly ben…

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  • 08
  • Feb
  • 2010

BIFURCATION CAN RESULT IN AN EARLY FINAL APPEALABLE ORDER

Belcher-Robinson Foundry, LLC v. Narr: On January 29, 2010, the Alabama Court of Civil Appeals released this opinion wherein it considered whether or not an Order regarding a bifu…

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  • 08
  • Feb
  • 2010

BIFURCATION CAN RESULT IN AN EARLY FINAL APPEALABLE ORDER

Belcher-Robinson Foundry, LLC v. Narr On January 29, 2010, the Alabama Court of Civil Appeals released this opinion wherein it considered whether or not an Order generated as the…

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  • 30
  • Jan
  • 2010

COURT WITHDRAWS PRIOR OPINION AND RELEASES NEW OPINION CONCERNING AWW AND PERMANENT AND TOTAL AWARD

(Note: The Alabama Court of Civil Appeals withdrew its opinion of July 17, 2009 and substituted it with the opinion summarized below) G.A. West & Co. v. Ricky McGhee:  On Janu…

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  • 27
  • Jan
  • 2010

MEDICARE TAKING AGGRESSIVE STAND ON RECOVERY OF CONDITIONAL PAYMENTS

In December of 2009, Medicare filed a lawsuit in the U.S. District Court for the Northern District of Alabama seeking to recover conditional payments it made to medical providers …

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  • 17
  • Jan
  • 2010

SHELBY COUNTY JURY RETURNS $300,000.00 VERDICT IN RETALIATORY DISCHARGE CASE

James Nichols v. Material Delivery Services, Inc.: On January 15, 2009, a Shelby County jury returned a verdict against an employer and assessed $75,000.00 in compensatory damages…

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  • 17
  • Jan
  • 2010

ALABAMA SUPREME COURT TO CONSIDER WHETHER UNEXPLAINED FALLS ARE COMPENSABLE

Lana Brown v. Korner Store: On April 17, 2009, the Alabama Court of Civil Appeals released an opinion which had the affect of dispensing with the "arising out of" part of the two …

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  • 12
  • Jan
  • 2010

PAYING FULL WAGES MAY TOLL STATUTE OF LIMITATIONS

Marvin Jackson v. Delphi Automotive Systems: On January 8, 2010, the Alabama Court of Civil Appeals released this opinion wherein it considered the Statute of Limitations defense.…

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  • 12
  • Jan
  • 2010

JURY VERDICT REVERSED ON APPEAL BECAUSE OF CO-EMPLOYEE STATUS OF INDIVIDUALLY NAMED DEFENDANT

G.UB.MK Constructors and Eric Leslie v. Darlene Garner, as administratrix of the estate of Wendell Garner, deceased: On January 8, 2010, the Alabama Supreme Court released this op…

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  • 06
  • Jan
  • 2010

GEORGIA COURT REAFFIRMS TWO PART TEST FOR CAUSATION

Recently the matter of St. Joseph’s Hospital , et al., v. Ward, came before the Georgia Court of Appeals. Ward, a nurse, was at work at the hospital when she stood and turned to g…

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  • 14
  • Dec
  • 2009

FCE HELD TO BE VIOLATION OF ADA

On September 28th the U.S. 9th Circuit Court of Appeals ruled that Georgia-Pacific violated the Americans with Disabilities Act (ADA) for requiring their employees to participate …

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  • 11
  • Dec
  • 2009

UNITED STATES SUPREME COURT ALLOWS RICO CASE TO PROCEED

Last Friday, the Supreme Court of the United States reviewed the case of Cassens Transport Co., et al., Petitioners v, Paul Brown, et al., No. 08-1375 on its conference agenda. Th…

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  • 25
  • Nov
  • 2009

ALABAMA WORKERS COMPENSATION FRAUD CONVICTIONS CONTINUE

On November 17, 2009, Attorney General, Troy King, successfully convicted employee, Robert Burrows, on 3 counts of workers’ compensation fraud in the Circuit Court for Shelby Coun…

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  • 25
  • Nov
  • 2009

EMPLOYEE CONTACT BY OPPOSING COUNSEL

The General Counsel for the Alabama Bar Association recently released a refined opinion concerning an opposing attorneys ability to contact an employer’s current active employees.…

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  • 07
  • Nov
  • 2009

DEFENDANTS PREVAIL ON MOTION FOR SUMMARY JUDGMENT BUT ARE PRECLUDED FROM RECOVERING SUBSTANTIAL COSTS WHERE REQUEST FOR SAME WAS UNTIMELY

Joe Fenison v. Birmingham Spring Service, Inc. et al.:    On November 6, 2009, The Alabama Court of Civil Appeals released this opinion wherein it considered the trial court’s Ord…

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  • 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…

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  • 28
  • Oct
  • 2009

JEFFERSON COUNTY JURY FINDS IN FAVOR OF EMPLOYER IN RETALIATORY DISCHARGE CLAIM

On June 25th, 2009, a Jefferson County jury returned a verdict in favor of the employer in a retaliatory discharge lawsuit. It was uncontested that the plaintiff was terminated af…

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  • 26
  • Oct
  • 2009

ALABAMA WORKERS COMP BLAWG NAMED TO LEXISNEXIS TOP 25 BLOGS FOR WORKERS COMPENSATION

We are proud to announce that the Alabama Workers’ Comp Blawg was recently selected as a LexisNexis Top 25 Blogs for Workers Compensation and Workplace Issues.   Selections were m…

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  • 16
  • Oct
  • 2009

EMPLOYER ORDERED TO PAY MEDICAL CHARGES THAT IT DISALLOWED IN BILL SCREENING PROCESS

Steward Machine Company, Inc. v. Board of Trustees of the University of Alabama, for it division University of Alabama Hospital On October 16, 2009, the Alabama Court of Civil App…

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  • 15
  • Oct
  • 2009

MISSING DOCUMENTS USED TO PROVE CASE

An interesting development from another jurisdiction. On October 8, 2009 a New York appeals court agreed with the New York State Workers' Compensation Board that a data entry empl…

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