Alabama Workers' Comp Blawg

  • 30
  • Sep
  • 2022

Alabama Legislature Amends Workers’ Compensation Act

Although not exactly a broad sweeping reform of the Alabama Workers’ Compensation Act, the Alabama legislature recently amended the statutory definitions of “employer” and “emplo…

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  • 21
  • Aug
  • 2020

Alabama Supreme Court Pandemic Emergency Response Orders Extended Through End of 2020

  On August 14, 2020 the Alabama Supreme Court issued Administrative Order No. 8 which extended its previous orders concerning workers’ compensation and taking witness testimo…

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  • 03
  • Aug
  • 2020

Alabama not Likely to Create COVID-19 Presumptions via Executive Order

  As the COVID-19 pandemic rages on, governors in various states have issued executive orders which purport to create a presumption that COVID-19 is a compensable occupational…

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  • 02
  • Mar
  • 2020

Alabama House Bill Proposes Adoption of IRS’s Rules for Determining Employment Status

  Alabama State Representative Wes Kitchens (R-Arab) recently introduced House Bill 77, which would require employers and state agencies to use the guidelines specified by the Int…

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  • 28
  • Feb
  • 2020

Alabama Legislation Seeks to Create PTSD Physical Injury Requirement Exception for First Responders

  Alabama is a physical-mental state which means you have to have a physical injury in order to be able to recover mental injuries.  Ten years ago,the Alabama Court of Civil Appea…

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  • 01
  • Jan
  • 2020

Happy 100 Years of WC Alabama!

  Today marks 100 years since the Alabama Workers’ Compensation Act went into effect.  Back then, it was known as the Alabama Workmen’s Compensation Act.  While it has been expand…

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  • 16
  • Jul
  • 2019

Alabama Senate Approves Workers’ Compensation Bill

  One hundred years ago today, the Alabama Senate approved bill 26-1 which, when enacted into law the following month, became what is now known as the Alabama Workers’ Compens…

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  • 22
  • Mar
  • 2019

In the Race for WC Reform, Georgia is the Hare and Alabama is the Tortoise

  In May of 2017, we reported that an Alabama Circuit Court Judge issued an Order declaring the entire Alabama Workers’ Compensation Act unconstitutional.  In June of 2017, we…

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  • 07
  • Jan
  • 2019

The Alabama Council of Association Workers’ Compensation Self Insurance Funds Votes “No” to Proposed Workers’ Compensation Reform Bill

  In November of 2017, the Alabama State Bar appointed a task force to review the Alabama Workers’ Compensation Act and make recommendations for improvement.  On October 17, 20…

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  • 20
  • Jun
  • 2018

Senators Portman and Nelson Introduce Bill Regarding Medicare Set-Aside Agreements

On June 18, 2018 Senators Portman (R-OH) and Nelson (D-FL) introduced a bill to amend title XVIII of the Social Security Act to provide for the application of Medicare secondary p…

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  • 09
  • Apr
  • 2018

Alabama Workers’ Compensation Task Force Shooting for Change in 2019

“All great changes are preceded by chaos.” – Deepak Chopra    The Chaos    On May 8, 2017, a Jefferson County Circuit Court Judge issued an Order declaring the Alabama Workers’ Co…

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  • 16
  • Nov
  • 2017

Alabama State Bar Association Appoints Task Force to Examine Workers’ Compensation Act in Wake of Recent Constitutional Attack

As many of you know, an Alabama Circuit Judge recently issued an Order declaring the entire Alabama Workers’ Compensation Act unconstitutional. As a result, there hav…

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  • 13
  • Jun
  • 2017

How to Fix the Alabama Workers’ Compensation Act

A lot of buzz was recently created when a Circuit Court Judge in Jefferson County entered an interlocutory order declaring the Alabama Workers’ Compensation Act unconstitution…

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  • 11
  • May
  • 2017

To Appeal or Not to Appeal? That is the Question in the Alabama Case Where the Workers’ Compensation Act was Ruled Unconstitutional.

A few days ago, we reported on the recent case of Nora Clower v. CVS Caremark, in which the Circuit Court of Jefferson County entered an order declaring The Alabama Workers’ Compe…

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  • 09
  • May
  • 2017

Alabama Circuit Court Judge Issues Order Determining Workers’ Compensation Act to be Unconstitutional

Perhaps you have already heard as news travels fast but on May 8, 2017, a Jefferson County Circuit Court Judge issued an Order declaring the Alabama Workers’ Compensation Act to b…

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  • 28
  • Feb
  • 2017

New Workers’ Compensation Bills Introduced in Alabama Senate

Senator Arthur Orr (R, Decatur) recently introduced SB-89, which would limit employers’ liability for permanent total disability benefits. Currently, an employer must pay perm…

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  • 08
  • Feb
  • 2016

Proposed Alabama Legislation Seeks to Limit Liability for Permanent and Total Disability Benefits and Medical Benefits

On February 2, 2016, Alabama Republican Senators Orr, Sanford, Livingston, Scofield, Stutts and Melson introduced SB122. The bill seeks to revise sections of 25-5-57 to limit …

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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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  • 28
  • May
  • 2014

Change to �_ 25-5-56 Passes Alabama Legislature and Awaits Governor's Approval

The Alabama Legislature recently passed HB-107, which would amend § 25-5-56 of The Alabama Workers’ Compensation Act. HB-107 was introduced by District 55 Representative Rod Scot…

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  • 30
  • Dec
  • 2013

Alabama Enacts New Pain Management Laws

A recent report from the Centers for Disease Control and Prevention (CDC) found that Alabama was among the top twenty (20) states nationally in number of drug overdose deaths each…

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