- 06
- Mar
- 2009
PERMANENT AND TOTAL AWARD FOR SHOULDER UPHELD
Waters Brothers Contracting, Inc. v. Wimberly: On March 6, 2009, the Alabama Court of Civil Appeals affirmed the trial court’s decision to award permanent and total benefits for a…
Read More- 02
- Mar
- 2009
NEW BILL (SB 381) AFFECTING COLLATERAL ESTOPPEL DEFENSE IN RETALIATORY DISCHARGE CASES INTRODUCED IN 2009 SESSION OF ALABAMA LEGISLATURE
One of the easiest ways for an employer to defeat a retaliatory discharge claim is by asserting the defense of collateral estoppel. Specifically, if the employee files for unemplo…
Read More- 26
- Feb
- 2009
CMS PURSUES RECOVERY DIRECTLY AGAINST ATTORNEY
United States of America v. Paul J. Harris, United States District Court, Northen District of West Virginia, Civil Action No. 5:08CV102: In this pending case, the U.S. government …
Read More- 20
- Feb
- 2009
PERMANENT AND TOTAL AWARD FOR LEG INJURY REVERSED
Norandal U.S.A., Inc. v. Welton Graben: On February 20, 2009, the Alabama Court of Civil Appeals released this opinion wherein it reversed and remanded the trial court’s decision …
Read More- 17
- Feb
- 2009
NEW BILL (HB 18) AFFECTING WORKERS' COMPENSATION INTRODUCED IN 2009 SESSION OF ALABAMA LEGISLATURE
In 1992, after many concessions from both trial lawyers and business interests, the Alabama Legislature passed the Workers' Compensation Reform Act of 1992. The goal was to reduce…
Read More- 16
- Feb
- 2009
EMPLOYER AND EMPLOYEE FRAUD INTERVIEW
On February 12, 2009, Mike Fish was a guest on the on the Workers' Comp Matters internet radio show. The host, Attorney Alan S. Pierce, and Fish discussed issues related to worke…
Read More- 10
- Feb
- 2009
ALABAMA CONTROLLED SUBSTANCES PRESCRIPTION DATABASE
The Alabama legislature recently established and implemented a controlled substance database for the entire state of Alabama. The purpose of this database is to monitor the prescr…
Read More- 07
- Feb
- 2009
FIRE EXTINGUISHER HELD NOT TO BE A SAFETY DEVICE ON A MACHINE FOR PURPOSES OF SECTION 25-5-11(c)(2)
Darius Moore v. Larry Welch, Sid Sewell, and Frank James: On February 6, 2009, the Alabama Court of Civil Appeals considered a case wherein the employee was injured when the paint…
Read More- 06
- Feb
- 2009
NONRESIDENT ALIEN DEPENDENTS NOT ENTITLED TO DEATH BENEFITS
Reynalda Alanis Duran et al. v. Goff Group: On February 6, 2009, the Alabama Court of Civil Appeals considered the issue of whether or not nonresident alien dependents were entitl…
Read More- 06
- Feb
- 2009
DENYING CLAIM MAY RESULT IN LOSS OF ABILITY TO CHOOSE DOCTOR
Fluor Enterprises, Inc., d/b/a Fluor Signature Services v. Darrell Lawshe: On February 6, 2009, the Alabama Court of Civil Appeals considered the issue of whether or not an employ…
Read More- 23
- Jan
- 2009
DOCTOR HELD NOT TO BE AUTHORIZED TREATING PHYSICIAN WHERE REFERRAL IS MADE FOR LIMITED PURPOSE
Ex parte Massey Chevrolet, Inc.: In this opinion released on January 23, 2009, the Alabama Court of Civil Appeals considered a dispute over medical care in a previously settled …
Read More- 20
- Jan
- 2009
AGE DISCRIMINATION DISMISSAL REVERSED
Marcus Lynn Whitson v. City of Hoover: On January 16, 2009, the Alabama Supreme Court considered this case wherein the employee settled his workers’ compensation case and then sue…
Read More- 20
- Jan
- 2009
UNEMPLOYMENT HEARING AFFECTS AFFIRMATIVE DEFENSE IN RETALIATORY DISCHARGE CASE
Ex parte Gadsden Country Club: On January 16, 2009, the Alabama Supreme Court released this opinion wherein it denied the employers’ petition for a writ of mandamus. Specifically,…
Read More- 02
- Jan
- 2009
2009 MILEAGE REIMBURSEMENT RATE
2009 Alabama Standard Mileage Reimbursement Rate: Effective January 1, 2009, the standard mileage reimbursement rate for Alabama was reduced to 55 cents per mile.
Read More- 20
- Dec
- 2008
TRIAL COURT'S FINDING OF OCCUPATIONAL DISEASE IS REVERSED
Greater Mobile Chrysler-Jeep, Inc. v. Charles Atterberry: In this opinion released on December 19, 2008, the Alabama Court of Civil Appeals considered an employee’s claim of occup…
Read More- 20
- Dec
- 2008
TRIAL COURT'S DECISION TO CIRCUMVENT SCHEDULE FOR KNEE INJURY REVERSED
Solomon Motor Company v. Earnest Dean: In this opinion released on December 19, 2008, the Alabama Court of Civil Appeals considered a trial court’s decision to sidestep the schedu…
Read More- 16
- Dec
- 2008
CMS SUED OVER MEMORANDUM OPINION
BACKGROUND: On July 11, 2005, the Centers for Medicare and Medicaid Services (CMS) released its sixth policy memorandum with answers to frequently asked questions (FAQ’s) on Work…
Read More- 13
- Dec
- 2008
CIRCUMVENTING THE SCHEDULE
Child Day Care Association v. Victoria Christesen: In this opinion released on December 12, 2008, the Alabama Court of Civil Appeals upheld the trial court’s decision not to apply…
Read More- 13
- Dec
- 2008
DOUBLE INDEMNITY ASSESSED AGAINST EMPLOYER
MasterBrand Cabinets, Inc., f/k/a NHB Industries, Inc. v. Nacola Ruggs: In this opinion released on December 12, 2008, the Alabama Court of Civil Appeals considered whether the tr…
Read More- 07
- Dec
- 2008
REFUSAL OF PSYCHOLOGICAL AND PSYCHIATRIC TREATMENT
Ex parte Saad's Healthcare Services, Inc. In this opinion released on December 5, 2008, the Alabama Supreme Court held that the Alabama Court of Civil Appeals was correct in deter…
Read More
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