- 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…
Read More- 09
- Sep
- 2014
Alabama Court of Civil Appeals Reverses Permanent and Total Disability Award as Premature
On August, 8, 2014, the Alabama Court of Civil Appeals released its opinion in Fab Arc Steel Supply, Inc. v. Timothy Dodd wherein it reversed a permanent and total disability awar…
Read More- 12
- Sep
- 2013
Alabama Court of Civil Appeals Reverses Permanent and Total Award
On September 9, 2013, the Alabama Court of Civil Appeals released its opinion in SouthernCare, Inc v. Margaret Cowart wherein it reaffirmed that a mere possibility does not establ…
Read More- 21
- Apr
- 2013
Alabama Court of Civil Appeals Addresses Several Issues in Affirming Permanent and Total Award
On April 19, 2013, the Alabama Court of Civil Appeals released its opinion in McAbee Construction, Inc. v. Elvin Allday. At trial, the employee presented evidence that he had wor…
Read More- 20
- Feb
- 2013
Alabama's Judicial Estoppel Defense in Workers' Compensation Matters... Use it or Lose it!
On February 15, 2013, the Alabama Court of Civil Appeals released its opinion in CVS/Caremark Corp. v. Gloria Washington wherein it addressed the affirmative defense of judicial …
Read More- 13
- Feb
- 2012
Court of Civil Appeals Addresses Misrepresentation Defense, Estoppel, Pre-Existing Conditions, Causation, and Permanent and Total Disability
The Alabama Court of Civil Appeals recently released its decision in the case of G.A. West & Co., Inc. v Claiborne Johnston. On Thursday, September 14, 2006, Johnston stepped …
Read More- 23
- Jan
- 2012
Receiving Unemployment Benefits Does not Prevent a Permanent and Total Award
White Tiger Graphics, Inc v. Paul Clemons On January 13, 2012 the Alabama Court of Civil Appeals addressed a judicial estoppel issue involving an employee claiming he was permanen…
Read More- 22
- Jan
- 2012
Court Makes Finding of Pain that is Totally or Virtually Totally Disabling
On January 13, 2012, the Alabama Court of Civil Appeals released its decision in the case of Goodyear Tire & Rubber Company v. Brian Haygood wherein it upheld the trial court’…
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- 22
- Jul
- 2009
IF YOU REFUSE YOU LOSE
Do you have any claims where the claimant is asserting that she is permanently and totally disabled but she has refused a recommended surgical procedure? If so, then you may be ab…
Read More- 07
- Apr
- 2009
EMPLOYEE CAN REFUSE PSYCH TREATMENT AND STILL BE CONSIDERED PERMANENTLY AND TOTALLY DISABLED
Ex Parte Saad’s Healthcare Services, Inc.: On April 3, 2009, the Alabama Supreme Court released this opinion which addressed a trial court’s ability to find an employee permanentl…
Read More- 06
- Mar
- 2009
PERMANENT AND TOTAL AWARD FOR SHOULDER UPHELD
Waters Brothers Contracting, Inc. v. Wimberly: On March 6, 2009, the Alabama Court of Civil Appeals affirmed the trial court’s decision to award permanent and total benefits for a…
Read More
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