- 13
- May
- 2011
Dog Killer Awarded Workers Compensation Benefits For Post Traumatic Stress Disorder
An employee of a popular tour company in British Columbia, Canada recently prevailed on his claim for workers’ compensation benefits for post traumatic stress disorder after he wa…
Read More- 10
- May
- 2011
A Specific Purpose Doctor Cannot Make Referrals for Treatment that Fall Outside that Specific Purpose
On May 6, 2011, the Alabama Court of Civil Appeals released its decision in Ex parte Imerys USA, where it held that a referral by an authorized treating physician to another treat…
Read More- 27
- Apr
- 2011
Driving Distracted Should be a Safety Rule Violation
It may come as a surprise to many, but driving while using a cell phone delays a driver’s reaction time as much as a blood alcohol concentration of 0.08 percent, the highest legal…
Read More- 22
- Apr
- 2011
Alabama Supreme Court Upholds Two Part Causation Test
Ex Parte Patsy Patton d/b/a Korner Store: On April 22, 2011, the Alabama Supreme Court released one of the most anticipated and important workers’ compensation opinions in recent …
Read More- 20
- Apr
- 2011
Alabama Court of Appeals Reverses Trial Court Finding of Employment Relationship
Susan Schein Chrysler Dodge, Inc. v. Rushing: On April 15, 2011, the Alabama Court of Civil Appeals released an opinion wherein it reversed a trial court’s finding of an employer/…
Read More- 18
- Apr
- 2011
Merely Having Your Product Sold in a County Does Not Constitute Doing Business By Agent for Purposes of Venue
Ex Parte Tyson Chicken, Inc On April 15, 2011 the Supreme Court released its opinion granting a Petition for Writ of Mandamus filed by Tyson Chicken concerning their Motion to Tra…
Read More- 02
- Apr
- 2011
Employee Mauled By Bear After Smoking Pot Wins Workers' Compensation Benefits
In Montana, the state supreme court upheld a Workers’ Compensation Court ruling that a man who was mauled while feeding the bears at a local tourist attraction is eligible for wor…
Read More- 25
- Mar
- 2011
Alabama Court of Civil Appeals Affirms Retaliatory Discharge Verdict in favor of Employee
Black Creek , Inc. v. Woods The Alabama Court of Civil Appeals affirmed the Etowah County Circuit Court’s ruling in a retaliatory discharge lawsuit with no opinion in Black Creek …
Read More- 24
- Mar
- 2011
Physical Injury to Other Body Parts not Necessary to Remove from Schedule
The Alabama Supreme Court released its opinion in Ex parte Thomas Hayes (In re: Vintage Pharmaceuticals, LLC v. Thomas Hayes) on March 18, 2011, holding that an injured worker wil…
Read More- 02
- Mar
- 2011
Employer Ordered to Continue to Pay Medical Benefits Despite Settlement of Same Where CMS Declines to Accept Proposed MSA Trust Allocation
ArvinMeritor, Inc. v. Clifton Johnson: On February 25, 2011, the Alabama Court of Civil Appeals released an opinion concerning the responsibilities of an employer when CMS fails t…
Read More- 18
- Feb
- 2011
Special Employer Protected by Exclusive Remedy Doctrine
On February 18, 2011, the Alabama Court of Civil Appeals released its opinion in Ex parte Salvation Army (In re: Roy Williams v. First Choice Personnel, LLC and The Salvation Army…
Read More- 02
- Feb
- 2011
Alabama Court of Civil Appeals Reverses Finding of Employer-Employee Relationship
On January 28, 2011 the Court of Civil Appeals released its opinion in Susan Schein Chrysler Dodge v. Rushing wherein it addressed the issue of whether an injured worker was an em…
Read More- 30
- Jan
- 2011
2011 Mileage Reimbursement Rate
2011 Alabama Standard Mileage Reimbursement Rate: Effective January 1, 2011, the standard mileage reimbursement rate for Alabama was increased to 51 cents per mile.
Read More- 29
- Dec
- 2010
Psych can be Pain Exception for Scheduled Injury
On December 17, 2010 the Court of Civil Appeals released its opinion in Caseco, LLC. v. Dingman. The Court of Civil Appeals addressed the Last-Injurious-Exposure Rule and a psycho…
Read More- 13
- Dec
- 2010
Pain Must Reach Disabling Levels To Move Injury Outside of Schedule
On Friday the Alabama Court of Civil Appeals released an opinion concerning a workers’ compensation case involving an employee who had injured her foot and claimed that, due to t…
Read More- 19
- Nov
- 2010
Retaliatory Discharge Claim Survives Plaintiff's Death
Gibson v. Staffco L.L.C.: On October 11, 2010, the Alabama Court of Civil Appeals released an opinion dealing with the survivability of a workers’ compensation retaliatory di…
Read More- 03
- Nov
- 2010
Alabama Supreme Court Affirms Retaliatory Discharge Bench Verdict in Favor of Employee
Ex parte Ray Keith Wood: On Friday October 29, 2010, the Supreme Court of Alabama handed down a decision concerning retaliatory discharge in a workers’ compensation claim. The emp…
Read More- 29
- Oct
- 2010
Verdict for Employee Reversed due to Notice and Statute of Limitations Violations
City of Gadsden v. Lawrence Scott: On October 29, 2010, the Alabama Court of Civil Appeals released this opinion wherein it considered whether or not the employee proved by clear …
Read More- 15
- Oct
- 2010
NY Judge Grants Discovery of Facebook and Myspace Postings
Acting Justice Jeffrey Arlen Spinner has ruled that a plaintiff must give a defendant access to private postings from two social networking sites that could contradict claims s…
Read More- 05
- Oct
- 2010
Government Loses in MSPA Claim - US v. Stricker
United States v. Stricker In this case, the Government alleged that 907 recipients of the Abernathy settlement (a “global settlement” of $300 million) received Medicare payments…
Read More
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