- 25
- Nov
- 2009
EMPLOYEE CONTACT BY OPPOSING COUNSEL
The General Counsel for the Alabama Bar Association recently released a refined opinion concerning an opposing attorneys ability to contact an employer’s current active employees.…
Read More- 07
- Nov
- 2009
DEFENDANTS PREVAIL ON MOTION FOR SUMMARY JUDGMENT BUT ARE PRECLUDED FROM RECOVERING SUBSTANTIAL COSTS WHERE REQUEST FOR SAME WAS UNTIMELY
Joe Fenison v. Birmingham Spring Service, Inc. et al.: On November 6, 2009, The Alabama Court of Civil Appeals released this opinion wherein it considered the trial court’s Ord…
Read More- 07
- Nov
- 2009
TRIAL COURT REVERSED ON FINDING THAT SHOULDER WAS A SCHEDULED INJURY BUT AFFIRMED ON FINDING THAT BACK INJURY WAS NOT COMPENSABLE
Karen Taylor v. Goodyear Tire & Rubber Company, Inc.: On November 6, 2009, the Alabama Court of Civil Appeals released this opinion wherein it considered 3 issues. First, i…
Read More- 28
- Oct
- 2009
JEFFERSON COUNTY JURY FINDS IN FAVOR OF EMPLOYER IN RETALIATORY DISCHARGE CLAIM
On June 25th, 2009, a Jefferson County jury returned a verdict in favor of the employer in a retaliatory discharge lawsuit. It was uncontested that the plaintiff was terminated af…
Read More- 26
- Oct
- 2009
ALABAMA WORKERS COMP BLAWG NAMED TO LEXISNEXIS TOP 25 BLOGS FOR WORKERS COMPENSATION
We are proud to announce that the Alabama Workers’ Comp Blawg was recently selected as a LexisNexis Top 25 Blogs for Workers Compensation and Workplace Issues. Selections were m…
Read More- 16
- Oct
- 2009
EMPLOYER ORDERED TO PAY MEDICAL CHARGES THAT IT DISALLOWED IN BILL SCREENING PROCESS
Steward Machine Company, Inc. v. Board of Trustees of the University of Alabama, for it division University of Alabama Hospital On October 16, 2009, the Alabama Court of Civil App…
Read More- 15
- Oct
- 2009
MISSING DOCUMENTS USED TO PROVE CASE
An interesting development from another jurisdiction. On October 8, 2009 a New York appeals court agreed with the New York State Workers' Compensation Board that a data entry empl…
Read More- 12
- Oct
- 2009
SURVIVING DEPENDENT SPOUSE ENTITLED TO BENEFITS WHERE INJURED EMPLOYEE DIED DURING APPEAL
General Electric Company v. Mary Ann Baggett, as surviving dependent spouse of Charles Baggett: On October 9, 2009, the Alabama Court of Civil Appeals released this opinion where…
Read More- 12
- Oct
- 2009
SCHEDULED MEMBER INJURY AS A TOTAL OR PARTIAL LOSS
General Elec. Co. v. Baggett (Part II): On October 9, 2009, in addition to ruling on the issue of a surviving spouse stepping into the shoes of the injured worker, the Court of Ap…
Read More- 03
- Oct
- 2009
TRIAL COURT REVERSED CONCERNING METHOD FOR CREDITING EMPLOYER FOR TTD PAYMENTS AFTER MMI
Steam & Process Repairs v. Michael V. Cayton: On October 2, 2009, the Alabama Court of Civil Appeals released this opinion wherein it reversed the trial court in its method of…
Read More- 01
- Oct
- 2009
FACEBOOK INFORMATION PROTECTED BY FEDERAL LAW
This is an update to a story from a few months ago in which we noted that the Philadelphia Bar Association issued an advisory that stated that it is unethical to gain access to a …
Read More- 19
- Sep
- 2009
CLEAR AND CONVINCING EVIDENCE FOUND THAT WELDING JOB EITHER CAUSED OR CONTRIBUTED TO CHOROIDAL NEOVASCULARIZATION DESPITE LACK OF SUPPORTING EXPERT TESTIMONY
DeShazo Crane Company, LLC v. James L. Harris: On September 18, 2009, the Alabama Court of Civil Appeals released this opinion wherein it affirmed the trial court’s finding of per…
Read More- 15
- Sep
- 2009
NCOIL DEFERS CONSIDERATION OF EMPLOYEE MISCLASSIFICATION WORKERS COMPENSATION COVERAGE MODEL ACT
On July 14, 2009, the National Conference of Insurance Legislators (NCOIL) met in Philadelphia, Pennsylvania for its 2009 NCOIL Summer Meeting. At the meeting, members of the Work…
Read More- 14
- Sep
- 2009
INDIANA EMPLOYER FORCED TO PAY FOR OBESITY SURGERY
The Indiana Court of Appeals has ruled that an employer must pay for weight-loss surgery for an obese worker to ensure the success of another operation for a back injury he suffer…
Read More- 04
- Sep
- 2009
PERMANENT AND TOTAL CASE REVERSED AND REMANDED WITH INSTRUCTIONS FOR TRIAL JUDGE TO CONSIDER EXTENT OF PAIN
Wehadkee Yarn Mills v. Deborah Harris: On September 4, 2009, the Alabama Court of Civil Appeals released this opinion wherein it reversed and remanded a permanent and total award …
Read More- 04
- Sep
- 2009
EMPLOYER HELD TO BE PUT ON INQUIRY NOTICE WHEN COMPANY INFIRMARY STAFF IS MADE AWARE OF INFORMATION CONCERNING WORK INJURY
Goodyear Tire and Rubber Company v. Bobby Long: On September 4, 2009, the Alabama Court of Civil Appeals released this opinion concerning the issue of notice. At trial, the plaint…
Read More- 30
- Aug
- 2009
TRIAL COURT DECISION REVERSED WHERE ORDER CONTAINED NO FINDINGS OF FACT OR CONCLUSIONS OF LAW
Joseph Grace v. Standard Furniture Manufacturing Company, Inc.: On August 28, 2009, the Alabama Court of Civil Appeals released this opinion wherein it reversed the trial court. A…
Read More- 30
- Aug
- 2009
TRIAL COURT REVERSED WHERE FINDINGS OF FACT AND CONCLUSIONS OF LAW ARE NOT MADE CONCERNING ALL ISSUES
Fort James Holding Company, Inc., d/b/a Georgia Pacific v. Cheryl D. Morgan: On August 28, 2009, the Alabama Court of Civil Appeals released this opinion wherein it reversed the …
Read More- 13
- Aug
- 2009
TWO WEEK DISCLOSURE REQUIREMENT
Effective January 12, 2009, the Workers’ Compensation Division of the Alabama Department of Industrial Relations amended Administrative Code § 480-5-5-.36. This section sets time …
Read More- 31
- Jul
- 2009
COEMPLOYEE WILLFUL CONDUCT CLAIMS DO NOT ARISE UNDER THE ACT
Willie Jones v. Ray Ruth: On July 24, 2009, the Court of Civil Appeals reversed the Trial Court’s ruling that a settlement agreement barred the plaintiff’s claims against a co-emp…
Read More
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