- 07
- Nov
- 2014
Alabama Court Again Finds Contract for Hire in Alabama Does not Mean Alabama Benefits
Ex parte Dalton Logistics Petition for Writ of Mandamus On November 7, 2014, The Alabama Court of Civil Appeals granted Dalton Logistics Petition for Writ of Mandamus. The Choct…
Read More- 31
- Oct
- 2014
Florida Judge Declares Exclusivity Doctrine Unconstitutional
Unless you have been cryogenically frozen in carbonite for the past 3 months, you have probably heard about the recent opinion released by Miami-Dade Circuit Judge Jorge Cueto whi…
Read More- 13
- Oct
- 2014
Alabama Court of Appeals Reverses Itself in Attorney Fee Case
On October 10, 2014, the Alabama Court of Civil Appeals released its opinion in the case of Arthur Barney v. Elizabeth Bell, as personal representative of the estate of Maurice Be…
Read More- 22
- Sep
- 2014
The Alabama Workers' Comp Blawg is Seven Years Old
Today the Alabama Workers' Comp Blawg celebrates another birthday. We would like to take this time to thank all of our readers who have helped to makehttp://www.alabamaworkerscomp…
Read More- 09
- Sep
- 2014
Alabama Court of Civil Appeals Reverses Permanent and Total Disability Award as Premature
On August, 8, 2014, the Alabama Court of Civil Appeals released its opinion in Fab Arc Steel Supply, Inc. v. Timothy Dodd wherein it reversed a permanent and total disability awar…
Read More- 08
- Sep
- 2014
Alabama Court Rules Exemption From Coverage Must be Revoked
Hooks v. Coastal Stone Works, Inc. Released September 5, 2014 The Alabama Court of Civil Appeals ruled that an officer of a corporation must take action to revoke previous certif…
Read More- 29
- Aug
- 2014
DEA Reclassifies Hydrocodone
In an effort to reduce painkiller abuse and misuse, the Drug Enforcement Agency (DEA) announced last week that it is reclassifying hydrocodone as a Schedule II Controlled Substanc…
Read More- 24
- Aug
- 2014
Alabama Court Holds that Walk-in Tub Qualifies as Other Apparatus but is not Reasonably Necessary
Flanagan Lumbar Co., Inc. v. Tennison Released August 22, 2014 The Alabama Court of Civil once again ruled that devices to be considered "other apparatus" set out in §25-5-77(a) …
Read More- 24
- Aug
- 2014
Alabama Court Holds Adult Child is not a Partial Dependent Despite Receiving Regular Financial Support
On August 22, 2014, the Alabama Court of Civil Appeals released an opinion wherein it considered whether an adult child can be considered a partial dependent for purposes of recei…
Read More- 23
- Aug
- 2014
Alabama Court of Appeals Declines to find Permanent and Total Disability to be Exception to the Schedule
On August 22, 2014, the Alabama Court of Civil Appeals released its opinion in Goodyear Tire & Rubber Co. v. Stephen Bush. Bush alleged on February 11, 2011, he was walking…
Read More- 23
- Aug
- 2014
Alabama Court of Appeals Addresses Procedure to Terminate Medical Benefits and Last Injurious Exposure Rule
On August 22, 2014, the Alabama Court of Civil Appeals released its opinion in Total Fire Protection, Inc. v Jonathan Jean, affirming the Trial Court’s order denying Total Fire Pr…
Read More- 09
- Aug
- 2014
Alabama Court of Appeals Holds that Attorney Should not Take Fee in Workers Comp case and Third Party Case
On July 18, 2014, the Alabama Court of Civil Appeals released its opinion in Arthur Barney v. Elizabeth Bell, as personal representative of the estate of Maurice Bell, deceased, a…
Read More- 08
- Aug
- 2014
Principal Doing Business in Alabama County Does not Mean Venue is Proper Against its Agent
In Ex Parte Diamond Scaffold Services Group, Inc., the employee filed suit for workers’ comp benefits in Washington County, Alabama. Diamond objected asserting that Washington Cou…
Read More- 29
- Jul
- 2014
The Alabama Race to the Courthouse Can Sometimes be an Exercise in Futility
Earlier this month, we reported on a case where a trial court denied an employer’s motion to transfer venue based on the doctrine of forum non conveniens. The Alabama Court of Ci…
Read More- 29
- Jul
- 2014
Alabama Employers can Deny Claim While also Paying Indemnity and Medical Benefits
On July 25, 2014, the Alabama Court of Civil Appeals considered an interesting scenario where the trial judge granted an employee's motion to strike the employer's defenses to com…
Read More- 08
- Jul
- 2014
Alabama Workers' Compensation Rate Change Effective July 1, 2014
Beginning July 1, 2014, the maximum worker’s compensation payable was raised to $794 per week and the minimum was raised to $218 per week. This change was based on the Commission…
Read More- 02
- Jul
- 2014
Racing to the Courthouse still a Consideration in Alabama Workers Compensation Cases
With Tennessee implementing its new administrative system this week, Alabama is now one of the only states left to use state courts to adjudicate its workers’ compensation cases. …
Read More- 16
- Jun
- 2014
Alabama Court of Appeals Rules that Employer Must Pay Claimant's Family Members to Assist with Activities of Daily Living
On June 13, 2014, the Alabama Court of Civil Appeals issued its opinion in Alabama Forrest Products Industry Workmen’s Compensation Self Insurer’s Fund v. Harris. In 1990, Harris…
Read More- 11
- Jun
- 2014
Mortality Tables not Admissible in this Alabama Retaliatory Discharge Case
Guyoungtech USA, Inc. v. Dees On June 6, 2014 the Supreme Court of Alabama issued a lengthy opinion covering many issues related to a Retaliatory Discharge case tried in Conecuh …
Read More- 03
- Jun
- 2014
Alabama Supreme Court Now Decides To Stay Out Of Work-Product Issue
In Ex parte Schnitzer Steel Industries, Inc., released on September 27, 2013 (summarized on our blog September 28, 2013), the Alabama Supreme Court granted the employer’s petition…
Read More
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