Alabama Workers' Comp Blawg

  • 08
  • Sep
  • 2015

Alabama Department of Labor Regulation Related to Erectile Dysfunction Does Not Override Statute Regarding Reasonable Necessity

Ex parte Ward International Released September 4, 2015 The Employer, Ward International, filed a Petition for Writ of Mandamus after the Circuit Court of Mobile County entered an…

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  • 18
  • Aug
  • 2015

Alabama Workers' Compensation Rate Change

For all injuries occurring on and after July 1, 2015, the maximum workers' compensation payable was raised to $813 per week, and the minimum was raised to $224 per week. This chan…

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  • 28
  • Jul
  • 2015

Sever Alabama Tort Claims from Adjoining Workers' Comp Claim for Quick Appeal

Imperial Aluminum-Scottsboro, LLC v. Taylor Released July 24, 2015 The employee filed suit against the employer asserting a workers' compensation claim, retaliatory discharge and…

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  • 28
  • Jul
  • 2015

Alabama Judges Must Consider Issue of Vocational Loss for Non-Scheduled Injuries When Employee is Earning Less

The Alabama Court of Civil Appeals recently reversed an order based on a trial court's decision which only found the employee suffered a physical impairment to her shoulder and di…

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  • 30
  • Jun
  • 2015

Alabama Employee's Estate Cannot Enforce Settlement Agreement that was not Court Approved Before Employee's Death

On June 26, 2015, the Alabama Court of Civil Appeals released its decision in Pat Tate as Administrator of the Estate of Michael Traffanstedt v. Liberty Mutual Insurance Company a…

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  • 27
  • Jun
  • 2015

Alabama Employer not Responsible for Medical Treatment of Injuries not Specified in Settlement Agreement

On June 26, 2015, the Alabama Court of Civil Appeals released its opinion in Todd Entrekin, Etowah County Sheriff v. Jerry Frederic Lasseter. At the trial court level, the emp…

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  • 26
  • Jun
  • 2015

Alabama Court of Appeals Finds Inability to Return to Work is not Exception to Schedule

On June 19, 2014, the Alabama Court of Civil Appeals released its second opinion inGoodyear Tire & Rubber Co. v. Bush (). The first time around the Court of Appeals addressed …

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  • 13
  • Apr
  • 2015

Misuse Of The Term Aggravation Causes Huge Overpayments In Workers' Compensation

The below article is re-published with permission from its author, John Geaney. It was originally published on April 9, 2015 on Mr. Geaney's New Jersey Workers' Comp Blog (http://…

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  • 09
  • Apr
  • 2015

Alabama Workers' Compensation Reform Bill Not Likely to Pass

On April 2, 2015, Alabama Republican State Senators Del Marsh and Cam Ward submitted Senate Bill 330, which proposes drastic reforms to The Alabama Workers' Compensation Act. If t…

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  • 30
  • Mar
  • 2015

Alabama Court Reverses Award of Attorney Fees Where Utilization Review Properly Followed

On March 20, 2015, the Alabama Court of Civil Appeals released its opinion in Good Hope Contracting Company, Inc. v. McCall wherein it upheld an order compelling medical treatment…

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  • 02
  • Mar
  • 2015

Alabama Court of Appeals Reverses Trial Court's Order that Employer Pay for Knee Replacement

On February 27, 2015, the Alabama Court of Appeals released its decision in Ex parte Fairhope Health & Rehab, LLC. The facts of the case were as follows: The plaintiff, Lula D…

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  • 27
  • Feb
  • 2015

A Horse is a Horse of Course, of Course, but in Alabama, Riding one may not be Considered in the Course

On February 27, 2015, the Alabama Court of Civil Appeals released its opinion inDana Louise Pollock v. Girl Scouts of Southern Alabama, Inc. wherein it considered a claimed injury…

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  • 16
  • Feb
  • 2015

Alabama Supreme Court Reverses Court of Appeals and Reinstates Permanent Total Disability Award

On January 30, 2015, the Supreme Court of Alabama reversed the Alabama Court of Appeals' ruling in Madison Academy, Inc. v. Hanvey.�_ The Supreme Court granted the employee's Peti…

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  • 10
  • Feb
  • 2015

Alabama Governor Signs HB-107, Raising Maximum Burial Expense

As previously reported here, the Alabama Legislature passed HB-107 last year, increasing the maximum burial expenses an employer may be liable for from $3,000 to $6,500. Governor …

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  • 27
  • Jan
  • 2015

It is Time to Join the Alabama Workers Compensation Organization

Do not forget to submit your 2015 Membership Application.��@Applications must be postmarked by February 27th in order to attend the Spring Conference at no charge. If you want to …

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  • 06
  • Jan
  • 2015

The Alabama Workers' Compensation Organization...Membership has its Privileges

Membership in the AWCO offers a number of professional and social opportunities annually to interact with other workers' compensation professionals.�_ The highlight of the year is…

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  • 31
  • Dec
  • 2014

2015 Alabama Mileage Reimbursement Rate

Effective January 1, 2015, the standard mileage reimbursement rate for Alabama will be 57.5 cents per mile. ________________________ ABOUT THE AUTHOR The article was written by…

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  • 29
  • Dec
  • 2014

Alabama Court Finds Accident on the Way to Treatment for Injury Compensable

Flexicrew Staffing, Inc. v. Champion Released December 12, 2014 At the trial level the Baldwin County Circuit Court was presented with evidence related to whether of not Champio…

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  • 23
  • Nov
  • 2014

Recent Tenth Circuit Decision Could Have Ramifications in Workers Compensation Retaliatory Discharge Cases

The Tenth Circuit Court of Appeals recently released its decision in the case of Green v. Donahoe, No. 13-1096, 2014 U.S. App. LEXIS 14290, 2014 WL 370823 (10th Cir. July 28, 2014…

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  • 17
  • Nov
  • 2014

Alabama Court of Civil Appeals Considers Jurisdiction Issue where Alabama Resident is Injured in Texas

Similar to the decision which was discussed on our blawg on November 7, 2014, the Court of Civil Appeals again held in Ex Parte Lost River Oilfield Services, LLC, that out-of-stat…

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