- 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- 01
- Oct
- 2010
Court of Civil Appeals Upholds Ruling on Medical Causation and Health Insurance Premium Reimbursement
Grund v. American Trim, LLC: On September 17, 1010, the Alabama Court of Civil Appeals upheld the Cullman Circuit Court’s decision to deny workers’ compensation benefits based on …
Read More- 28
- Sep
- 2010
RICO Not an Exception to the Exclusive Remedy Provision in Michigan
Brown v. Cassens Transport Co. As previously discuss in our Blawg, the Federal District Court in Michigan was presented with a RICO claim based on the actions of the employer, ins…
Read More- 16
- Sep
- 2010
Employers Cannot Expressly Limit Authorized Doctor's Ability to Make a Referral
Ex parte City of Prattville: On September 10, 2010, the Alabama Court of Civil Appeals considered the issue of whether an employer can limit an authorized treating physician’s abi…
Read More- 11
- Sep
- 2010
Retaliatory Discharge Claim May Proceed to Arbitration
Dillard’s Inc. v. Kenneth Gallups: On September 10, 2010, the Alabama Court of Civil Appeals released this opinion in which it considered whether a retaliatory discharge claim (th…
Read More- 11
- Sep
- 2010
Asthma Attacks Or Similar Conditions Can be Occupational Disease or Accidental Injury
Williams v. Valley View Health and Rehabilitation, LLC On September 10, 2010, the Court of Appeals released this opinion wherein it reversed the Trial Court’s grating of Summary J…
Read More- 29
- Aug
- 2010
Evidence Supports Finding of New Injury Rather Than Recurrence of Previous Injury
On August 27, 2010, the Court of Civil Appeals released their opinion in the Water Works Board of the City of Birmingham v. Allan Isom, affirming the trial court’s decision that t…
Read More- 24
- Aug
- 2010
Another Successful Defense Against Retaliatory Discharge Claim
An Etowah Count Jury returned a defense verdict in a retaliatory discharge claim on September 30, 2009. At trial, the evidence revealed that the employee was working for a lawn se…
Read More- 23
- Aug
- 2010
Alabama Court of Civil Appeals Considers Matter Involving Last Injurious Exposure Rule
Jeff White v. HB&G Building Products, Inc.; On August 20, 2010, the Alabama Court of Civil Appeals considered a matter involving the Last Injurious Exposure Rule. This rule de…
Read More- 13
- Aug
- 2010
Court of Civil Appeals Sets Forth Standard of Proof for Causation in Death Case
Karen Harris v. Russell Petroleum Corporation: On August 6, 2010 the Alabama Court of Civil Appeals set out the standard of proof when dealing with the medical cause of successive…
Read More- 13
- Aug
- 2010
Another View of the Facts Does Not Support a Reversal
Shadescrest Health Care Center v. Holloway Released August 6, 2010 The Alabama Court of Civil Appeals opined that just because there are two possible ways to view the facts do…
Read More- 02
- Aug
- 2010
Court of Appeals Reverses Summary Judgment Due to Evidence of Exceptions to Going and Coming Rule
Michael Chad McDaniel v. Helmerich & Payne International Drilling Company: On July 30, 2010 the Alabama Court of Civil Appeals reversed a summary judgment based on the "going …
Read More- 25
- Jul
- 2010
Permanent and Total Award Reversed Where Causation Not Proven by Substantial Evidence
W.A. Kendall & Company, Inc. v. Ryan Madison: On July 23, 2010, the Alabama Court of Civil Appeals reversed a verdict in favor of the plaintiff for permanent and total disabil…
Read More- 25
- Jul
- 2010
Evidence of Earning Capacity Loss Held Inadmissible and Apportionment of Preexisting Conditions Not Allowed
Joseph Grace v. Standard Furniture Manufacturing Company, Inc.: On July 23, 2010, the Alabama Court of Civil Appeals released this opinion wherein it affirmed the trial court to t…
Read More
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