- 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- 30
- Oct
- 2013
Australian High Court Holds Sex Injury During Business Trip Not to be Compensable
Now that I have your attention, let me elaborate. An Australian federal employee was on a business trip when she met up with a man and had sex with him in her hotel room. While …
Read More- 28
- Sep
- 2013
Alabama Supreme Court Says Post-Accident Investigation Reports are not Always Protected as Work Product
On September 27, 2013, the Alabama Supreme Court released its opinion in Ex parte Schnitzer Steel Industries, Inc. wherein it addressed the discoverability of post-accident invest…
Read More- 25
- Sep
- 2013
Alabama Court of Appeals Rules that Employer is not Entitled to Credit for Wages Paid to Injured Employee
On September 20, 2013, the Alabama Court of Civil Appeals released its opinion in the case of Malone v. Steelcase, Inc., dealing with the applicability of § 25-5-57(c)(3) of The A…
Read More- 12
- Sep
- 2013
Alabama Court of Civil Appeals Reverses Permanent and Total Award
On September 9, 2013, the Alabama Court of Civil Appeals released its opinion in SouthernCare, Inc v. Margaret Cowart wherein it reaffirmed that a mere possibility does not establ…
Read More- 16
- Aug
- 2013
Alabama Court of Civil Appeals Reverses in Round Three of Scheduled Injury Case
On August 16, 2013, The Alabama Court of Civil Appeals released its opinion in the matter of DuBose Construction Company, LLC v. James Simmon. This was the third time this case h…
Read More- 13
- Aug
- 2013
Alabama Tort Claims Involving Workplace Conditions Are Precluded by the Exclusivity Doctrine
On August 9, 2013, the Alabama Court of Civil Appeals released its decision in Devero v. North American Bus Industries, in which it upheld summary judgment in favor of North Ameri…
Read More- 31
- Jul
- 2013
Portions of Post-Offer Medical Examinations May Violate Federal Law
The EEOC filed lawsuits this past May, claiming that employers had violated the Genetic Information Nondiscrimination Act (GINA) and the Americans with Disabilities Act (ADA) when…
Read More
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