Alabama Workers' Comp Blawg

  • 05
  • Nov
  • 2008

ELECTION RESULTS

As of Wednesday morning with 94 percent of the precincts reporting, the most expensive Supreme Court race in the nation was neck and neck. Greg Shaw, a Republican, edged his Democ…

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  • 02
  • Nov
  • 2008

METHOD FOR AWW CALCULATION IS MANDATORY

Ex parte Dolgencorp, Inc., --- So.2d ----, 2008 WL 4757045 (Ala. 2008): In this October 31, 2008 opinion, the Alabama Supreme Court held that the second method for calculating the…

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  • 02
  • Nov
  • 2008

PAIN EXCEPTION TO SCHEDULE

Gold Kist, Inc. v. Porter --- So.2d ----, 2008 WL 4757112 (Ala.Civ.App. 2008): In this opinion released on October 31, 2008, the Alabama Court of Civil Appeals affirmed the trial …

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  • 02
  • Nov
  • 2008

SECOND INJURY CONSIDERED CONTINUATION OF OLD INJURY

Hokes Bluff Welding and Fabrication v. Cox --- So.2d ----, 2008 WL 4757149 (Ala.Civ.App. 2008): On October 31, 2008, the Alabama Court of Civil Appeals released this opinion in wh…

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  • 29
  • Oct
  • 2008

RICO AS ALTERNATIVE TO OUTRAGE

Brown v. Cassens Transport Co., et al., 6th Cir. 2008: On October 23, 2008, the 6th Circuit Court of Appeals released its decision in Brown v. Cassens Transport Co., et al., 6th C…

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  • 27
  • Oct
  • 2008

RACIALLY MOTIVATED ATTACK DEEMED NOT COMPENSABLE

Ex parte N.J.J., --- So.2d ----, 2008 WL 4687088 (Ala. 2008): In this opinion released on October 24, 2008, the employee sustained physical and psychological injury when she was p…

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  • 19
  • Oct
  • 2008

ALTERED GAIT LEADS TO REMOVAL FROM SCHEDULE AND P and T AWARD

Norandal U.S.A., Inc. v. Graben, --- So.2d ----, 2008 WL 4603456 (Ala.Civ.App. 2008): In this case decided on October 17, 2008, the employer appealed from a judgment awarding the …

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  • 13
  • Oct
  • 2008

NO EVIDENCE OF PERMANENT IMPAIRMENT OR VOCATIONAL LOSS

Hendricks v. KW Plastics, Inc., --- So.2d ----, 2008 WL 4531577 (Ala.Civ.App. 2008): An employee took his workers' compensation case to trial without the benefit of an attorney.  …

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  • 06
  • Oct
  • 2008

FUTURE MEDICAL BENEFITS FOR RIGHT KNEE ARE SPECIFICALLY CLOSED IN SETTLEMENT AGREEMENT ... OR ARE THEY???

Matthew's Masonry Co. v. Aldridge, --- So.2d ----, 2008 WL 4445185 (Ala.Civ.App. 2008): On December 12, 2000, the employer settled with the employee and closed everything except f…

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  • 22
  • Sep
  • 2008

CO-EMPLOYEE HELD IMMUNE FROM LIABILITY FOR NEGLIGENT/WANTON CONDUCT

Brunson v. Lucas, --- So.2d ----, 2008 WL 4093793 (Ala.Civ.App. 2008): An employee who had received workers' compensation benefits for injuries received when he was hit by a motor…

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  • 22
  • Sep
  • 2008

CAUSATION

Ex parte McInish , --- So.2d ----, 2008 WL 4097593 (Ala. 2008): A claimant brought an action against his employer seeking workers' compensation benefits for injuries he allegedly …

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  • 22
  • Sep
  • 2008

ATTACK ON THE $220 CAP

Alabama Code §25-5-68 caps recovery of permanent partial disability benefits ("PPD") to injured workers to a maximum of $220 per week. Under Alabama’s workers’ compensation laws, …

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  • 22
  • Sep
  • 2008

ELECTIONS

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…

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