- 28
- Jun
- 2011
New Evidence May Be Introduced to Determine AWW on Remand from Appellate Court
This is an update on the matter of G.A. West & Co. v. Ricky McGhee which we discussed previously here and here. Previously, the Court of Civil Appeals reversed and remanded th…
Read More- 20
- Jun
- 2011
The Exclusivity Provisions of the Act Apply to An Employers Tortious Conduct Committed Within the Bounds of the Employers Proper Role
On June 17, 2011, the Alabama Court of Civil Appeals released its decision in Hudson v. Renosol Seating, LLC. In December 2008, approximately 90 workers at an automobile seating m…
Read More- 20
- Jun
- 2011
AIGA Reimbursement Claims Subject to Six Year Statute of Limitations
The Alabama Court of Civil Appeals recently considered a case where the Alabama Insurance Guaranty Association ("AIGA") sought reimbursement for money paid out to cover a workers’…
Read More- 16
- Jun
- 2011
A Tustle Down Under Considered Compensable
A strange set of facts was recently presented to a workers’ compensation Magistrate in Melbourne, Australia. The injured employee in this case was Matthew Styles, a manager at t…
Read More- 14
- Jun
- 2011
Workers Compensation Rate Change Effective July 1, 2011
Beginning July 1, 2011, the maximum workers’ compensation payable will be $755.00 per week and the minimum compensation will be $208.00 per week. This change is based on the Direc…
Read More- 10
- Jun
- 2011
Alabama Legislature Adopts Daubert Scientific Evidence Standard
Governor Bentley signed Senate Bill 187 into law on June 9, 2011. The law replaces the Frye standard with the federal expert witness rule known as the Daubert standard. Frye, whic…
Read More- 26
- May
- 2011
CMS Reiterates and Clarifies Its Policy Regarding Workers Compensation Medicare Set Aside Proposal Review Thresholds
The Centers for Medicare and Medicaid Services (CMS) has released a new policy memorandum dated May 11, 2011 (May 11, 2011 memo) pertaining to workers’ compensation Medicare Set A…
Read More- 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
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