- 25
- Apr
- 2012
Court of Appeals Upholds Two-Part Test for Causation but Affirms Judgment for Employee
On April 20, 2012, the Alabama Court of Civil Appeals released its decision in the case of Ex parte Advantage Resourcing, Inc., in which it addressed both legal and medical causat…
Read More- 19
- Apr
- 2012
Alabama Court of Civil Appeals Addresses Medical Causation
On April 13, 2012, the Alabama Court of Civil Appeals released its opinion in Maxim Healthcare Services, Inc. v. Freeman, in which the Court addressed an employee’s burden of proo…
Read More- 03
- Apr
- 2012
Court Addresses Traveling Employee Exception to Coming and Going Rule
On March 30, 2012, the Alabama Court of Civil Appeals released its decision in the case of McDaniel v. Helmerich & Payne International Drilling Co., In this case, the Appellat…
Read More- 03
- Apr
- 2012
Employers Subrogation Interest Takes Priority Over Employees Recovery
The Alabama Court of Civil Appeals recently released its opinion in the case of Nuss Lumber Co., Inc. v. The Estate of Andy Monghan, in which the Court addressed the employer’s ri…
Read More- 27
- Mar
- 2012
Workers' Compensation Benefits Can Be Taxable
If the total amount of Social Security Disability Insurance (SSDI) and WC monthly payments exceeds 80% of the claimant’s (monthly) Average Current Earnings, then the SSDI payments…
Read More- 25
- Mar
- 2012
Free Registration for New Orleans Workers' Compensation Conference
The National Workers’ Compensation Defense Network will host a conference on June 6 & 7, 2012 in New Orleans. The June 6 evening reception will be held at the National WWII Mu…
Read More- 25
- Mar
- 2012
Discoverable Records in an Outrage Claim
Ex Parte Liberty Mutual Insurance Co. - Petition for Writ of Mandamus Released March 16, 2012 The Alabama Court of Civil Appeals addressed discovery issues in an outrage claim whe…
Read More- 27
- Feb
- 2012
Alabama Workers' Compensation Organization 2012 Spring Conference
The AWCO will be putting on its 31st Annual Spring Conference on May 3rd and 4th at the Wynfrey Hotel in Birmingham, Alabama. This is always a great conference with a wide array o…
Read More- 17
- Feb
- 2012
Legislation Seeking to Strengthen the Impairment Defense
Representative Paul DeMarco (R) of Birmingham, has introduced HB 104 seeking to amend §25-5-51 of the Alabama Workers’ Compensation Act. HB 104 relates to injuries caused by an em…
Read More- 17
- Feb
- 2012
SB 77 Update
On December 31, 2011, this Blawg addressed proposed legislation that would substantially change the Alabama Workers’ Compensation Act. As an update, SB 77 was referred to the Sena…
Read More- 13
- Feb
- 2012
Court of Civil Appeals Addresses Misrepresentation Defense, Estoppel, Pre-Existing Conditions, Causation, and Permanent and Total Disability
The Alabama Court of Civil Appeals recently released its decision in the case of G.A. West & Co., Inc. v Claiborne Johnston. On Thursday, September 14, 2006, Johnston stepped …
Read More- 13
- Feb
- 2012
Alabama Insurance Guaranty Association and Six Year Statute of Limitations
On February 10, 2012, the Alabama Supreme Court released it opinion in Ex parte Water Works and Sanitary Sewer Board of the City of Montgomery wherein it ruled that the Alabama In…
Read More- 12
- Feb
- 2012
Is the Civil Tort Remedy System Better or Worse for Employers than the Regular State WC System?
Re-posted (in part) with permission from Kansas WC defense attorney, Kim Martens (Hite, Fanning & Honeyman, L.L.P., Wichita, Kansas) As an employer, you probably have been fr…
Read More- 23
- Jan
- 2012
Receiving Unemployment Benefits Does not Prevent a Permanent and Total Award
White Tiger Graphics, Inc v. Paul Clemons On January 13, 2012 the Alabama Court of Civil Appeals addressed a judicial estoppel issue involving an employee claiming he was permanen…
Read More- 23
- Jan
- 2012
Collateral Estoppel Does Not Work Both Ways
Hale v. Hyundai Motor Manufacturing Alabama, LLC (hereinafter HMMA) On January 6, 2012 the Alabama Court of Civil Appeals released an opinion on the issue of collateral estoppel i…
Read More- 23
- Jan
- 2012
Finding of Compensability Reversed Where Burden of Proof not Satisfied
West Fraser, Inc. v. Windell Caldwell, Sr. On January 13, 2012, the Alabama Court of Civil Appeals released an opinion wherein it reversed a Trial Court’s finding of compensabilit…
Read More- 22
- Jan
- 2012
Venue Proper in County of Employee's Residence at Time of Injury
On January 13, 2012, the Alabama Court of Appeals released its opinion in Ex Parte Billy Barnes Enterprises. In this case, a female truck driver was injured in Mississippi in Janu…
Read More- 22
- Jan
- 2012
The Effect of Affiliates on Proper Venue
On January 13, 2012, the Supreme Court of Alabama released its opinion in Ex parte Wright Brothers Construction Company, Inc., and GIBCO Construction, LLC. This case presented an …
Read More- 22
- Jan
- 2012
Gas Exposure Death Deemed Compensable Despite Controversial Lab Results
On January 13, 2012, the Alabama Court of Civil Appeals published its ruling in the case of ATI Alldyne v. Wiseheart. Gary Wiseheart was a mechanic who worked at ATI’s metal extra…
Read More- 22
- Jan
- 2012
Court Makes Finding of Pain that is Totally or Virtually Totally Disabling
On January 13, 2012, the Alabama Court of Civil Appeals released its decision in the case of Goodyear Tire & Rubber Company v. Brian Haygood wherein it upheld the trial court’…
Read More
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