- 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- 28
- May
- 2014
Insurer Must Reimburse New Mexico Mechanic for Marijuana Purchases
On May 19, 2014, The New Mexico Court of Appeals ruled that Redwood Fire & Casualty must reimburse an injured mechanic for the cost of marijuana he was prescribed for pain due…
Read More- 28
- May
- 2014
Change to �_ 25-5-56 Passes Alabama Legislature and Awaits Governor's Approval
The Alabama Legislature recently passed HB-107, which would amend § 25-5-56 of The Alabama Workers’ Compensation Act. HB-107 was introduced by District 55 Representative Rod Scot…
Read More- 28
- May
- 2014
Alabama Employers will not be Guessed into Liability for Workers' Compensation Benefits
On May 16, 2014, the Alabama Court of Appeals released its opinion in Jesse Stutts, Inc. v. William Hughey overruling a trial court’s finding that the employee’s new injury was a …
Read More- 14
- May
- 2014
2014 Alabama Mileage Reimbursement Rate Update
Effective January 1, 2014, the standard mileage reimbursement rate for Alabama was decreased to 56 cents per mile.
Read More- 12
- Apr
- 2014
Alabama Court Considers Temporary Flare up of a Preexisting Condition
The Alabama Court of Civil Appeals recently released an opinion wherein it considered the difference between a temporary flare versus a permanent aggravation of a preexisting cond…
Read More- 12
- Apr
- 2014
Alabama Court Considers Facts Necessary to Remove Injury from Schedule
The Court of Appeals recently reversed a trial court’s decision awarding benefits outside of the statutory schedule in American Cast Iron Pipe Company v. Sharon Blackmon. The Cour…
Read More- 27
- Mar
- 2014
1099 Not the Only Factor to be Considered When Determining Whether Alabama Contractor Qualifies as Employee
On March 14, 2014, the Alabama Court of Civil Appeals released its opinion in the case of Michael Brown v. Dixie Contracting Company and Salter’s Exterminating Company, Inc. In t…
Read More- 27
- Mar
- 2014
The Alabama Exclusivity Provision Applied to a Breach of Contract Claim Against Employer
Sheila W. Austin, as admin. of the estate of Rose W. McMillan v. Providence Hosp. and Sedgwick Claim Management. Services, Inc. Released March 21, 2014 The deceased employee’s…
Read More- 27
- Feb
- 2014
Alabama Car Accident Probably Handled Differently in New Jersey
St. Louis attorney, J. Bradley Young, recently posted an interesting blog article entitled This Story Shows Why Employers are Frustrated with Workers Comp Judges. In the article,…
Read More- 24
- Feb
- 2014
Contract for Hire in Alabama Does not Necessarily Mean Alabama Benefits
Ex parte Southern Erectors, Inc. Petition for Writ of Mandamus On February 21, 2014, the Alabama Court of Civil Appeals granted Southern Erectors, Inc.’s (SEI) Petition for Writ …
Read More- 01
- Feb
- 2014
American Bar Association 2014 Workers' Compensation Midwinter Seminar and Conference
The Annual Midwinter Conference will be held this year in Chicago from March 13 until March 15 at the Conrad Chicago Hotel. It is a jointly sponsored by the ABA Tort Trial & …
Read More- 27
- Jan
- 2014
Supreme Court Affirms Summary Judgment in Favor of Special Employer
On January 24, 2014, the Supreme Court of Alabama affirmed the Circuit Court of Shelby County Alabama’s decision, without opinion, in the case of Vinson v. G & R Mineral Serv…
Read More- 30
- Dec
- 2013
Alabama Enacts New Pain Management Laws
A recent report from the Centers for Disease Control and Prevention (CDC) found that Alabama was among the top twenty (20) states nationally in number of drug overdose deaths each…
Read More
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