- 12
- Oct
- 2009
SURVIVING DEPENDENT SPOUSE ENTITLED TO BENEFITS WHERE INJURED EMPLOYEE DIED DURING APPEAL
General Electric Company v. Mary Ann Baggett, as surviving dependent spouse of Charles Baggett: On October 9, 2009, the Alabama Court of Civil Appeals released this opinion where…
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- 03
- Oct
- 2009
TRIAL COURT REVERSED CONCERNING METHOD FOR CREDITING EMPLOYER FOR TTD PAYMENTS AFTER MMI
Steam & Process Repairs v. Michael V. Cayton: On October 2, 2009, the Alabama Court of Civil Appeals released this opinion wherein it reversed the trial court in its method of…
Read More- 01
- Oct
- 2009
FACEBOOK INFORMATION PROTECTED BY FEDERAL LAW
This is an update to a story from a few months ago in which we noted that the Philadelphia Bar Association issued an advisory that stated that it is unethical to gain access to a …
Read More- 19
- Sep
- 2009
CLEAR AND CONVINCING EVIDENCE FOUND THAT WELDING JOB EITHER CAUSED OR CONTRIBUTED TO CHOROIDAL NEOVASCULARIZATION DESPITE LACK OF SUPPORTING EXPERT TESTIMONY
DeShazo Crane Company, LLC v. James L. Harris: On September 18, 2009, the Alabama Court of Civil Appeals released this opinion wherein it affirmed the trial court’s finding of per…
Read More- 15
- Sep
- 2009
NCOIL DEFERS CONSIDERATION OF EMPLOYEE MISCLASSIFICATION WORKERS COMPENSATION COVERAGE MODEL ACT
On July 14, 2009, the National Conference of Insurance Legislators (NCOIL) met in Philadelphia, Pennsylvania for its 2009 NCOIL Summer Meeting. At the meeting, members of the Work…
Read More- 14
- Sep
- 2009
INDIANA EMPLOYER FORCED TO PAY FOR OBESITY SURGERY
The Indiana Court of Appeals has ruled that an employer must pay for weight-loss surgery for an obese worker to ensure the success of another operation for a back injury he suffer…
Read More- 04
- Sep
- 2009
PERMANENT AND TOTAL CASE REVERSED AND REMANDED WITH INSTRUCTIONS FOR TRIAL JUDGE TO CONSIDER EXTENT OF PAIN
Wehadkee Yarn Mills v. Deborah Harris: On September 4, 2009, the Alabama Court of Civil Appeals released this opinion wherein it reversed and remanded a permanent and total award …
Read More- 04
- Sep
- 2009
EMPLOYER HELD TO BE PUT ON INQUIRY NOTICE WHEN COMPANY INFIRMARY STAFF IS MADE AWARE OF INFORMATION CONCERNING WORK INJURY
Goodyear Tire and Rubber Company v. Bobby Long: On September 4, 2009, the Alabama Court of Civil Appeals released this opinion concerning the issue of notice. At trial, the plaint…
Read More- 30
- Aug
- 2009
TRIAL COURT DECISION REVERSED WHERE ORDER CONTAINED NO FINDINGS OF FACT OR CONCLUSIONS OF LAW
Joseph Grace v. Standard Furniture Manufacturing Company, Inc.: On August 28, 2009, the Alabama Court of Civil Appeals released this opinion wherein it reversed the trial court. A…
Read More- 30
- Aug
- 2009
TRIAL COURT REVERSED WHERE FINDINGS OF FACT AND CONCLUSIONS OF LAW ARE NOT MADE CONCERNING ALL ISSUES
Fort James Holding Company, Inc., d/b/a Georgia Pacific v. Cheryl D. Morgan: On August 28, 2009, the Alabama Court of Civil Appeals released this opinion wherein it reversed the …
Read More- 13
- Aug
- 2009
TWO WEEK DISCLOSURE REQUIREMENT
Effective January 12, 2009, the Workers’ Compensation Division of the Alabama Department of Industrial Relations amended Administrative Code § 480-5-5-.36. This section sets time …
Read More- 31
- Jul
- 2009
COEMPLOYEE WILLFUL CONDUCT CLAIMS DO NOT ARISE UNDER THE ACT
Willie Jones v. Ray Ruth: On July 24, 2009, the Court of Civil Appeals reversed the Trial Court’s ruling that a settlement agreement barred the plaintiff’s claims against a co-emp…
Read More- 31
- Jul
- 2009
APPEAL OF NONFINAL JUDGMENT DENIED
SouthernCare, Inc. v. Margaret Cowart: On July 31, 2009, the Alabama Court of Civil Appeals released this opinion in which it denied an appeal because it was an appeal of a non-fi…
Read More- 31
- Jul
- 2009
ALLEGING THAT OTHER EMPLOYEES DID IT DOES NOT ESTABLISH THAT THE EMPLOYER APPLIED POLICES IN A DISCRIMINATORY MANNER IN A RETALIATORY DISCHARGE CASE
Black Creek, Inc. v. Ray Keith Wood On July 31, 2009, the Court of Appeals reversed the trial court’s ruling in favor of the plaintiff’s retaliatory discharge claim based on his f…
Read More- 22
- Jul
- 2009
IF YOU REFUSE YOU LOSE
Do you have any claims where the claimant is asserting that she is permanently and totally disabled but she has refused a recommended surgical procedure? If so, then you may be ab…
Read More- 18
- Jul
- 2009
AWW CALCULATION AND PERMANENT AND TOTAL AWARD AFFIRMED
(Note: This opinion was withdrawn and a new opinion was released on January 29, 2010. See blawg summary dated January 30, 2010) G.A. West & Company v. Ricky McGhee: On July 1…
Read More- 02
- Jul
- 2009
FINDING OF CAUSATION IN STROKE CASE REVERSED
Dollar General Corporation v. Patricia Nelson: On July 2, 2009, the Alabama Court of Civil Appeals released this opinion in which it reversed the trial court’s finding that the em…
Read More- 29
- Jun
- 2009
TRUCK DRIVERS PHYSICAL STRESS AND GRADUAL DETERIORATION VERDICT IS REVERSED A SECOND TIME
KGS Steel, Inc. v. Donald McInish: On June 26, 2009, the Alabama Court of Civil Appeals considered the trial court’s finding of medical causation for a second time. In the cas…
Read More- 19
- Jun
- 2009
THE FIGHT CONTINUES AGAINST THE FEDERALIZATION OF WORKERS' COMPENSATION
As was previously discussed on the blawg (http://www.alabamaworkerscompblawg.com/template_permalink.asp?id=144 ) work continues in Congress in opposition to the possible federaliz…
Read More
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