- 15
- Jan
- 2012
Affect of New Alabama Immigration Law on Workers' Compensation
On June 9, 2011, Governor Robert Bentley signed into law the controversial Beason-Hammon Alabama Taxpayer and Citizen Protection Act. This new law has left Alabama workers’ compen…
Read More- 31
- Dec
- 2011
Senate Bill Proposes Several Changes to the Alabama Workers' Compensation Act
On December 9, 2011, State Senator Arthur Orr (R-Decatur) pre-filed a bill (SB77) for the 2012 legislative session that proposes several welcome changes to the Alabama Workers’ Co…
Read More- 29
- Dec
- 2011
Verdict for Employer Reversed due to Inconsistencies in Medical Records
The Alabama Court of Civil Appeals recently released its opinion in the case of Johnson v. Lowe’s Home Centers, Inc. wherein it reversed the trial court’s verdict if favor of the …
Read More- 16
- Dec
- 2011
Alabama Workers' Compensation Organization Membership Deadline
Membership in the AWCO offers a number of professional and social opportunities annually to interact with other workers' compensation personnel. The highlight of the year is the a…
Read More- 23
- Nov
- 2011
Handheld Cell Phones Banned for Commercial Truck and Bus Drivers
On November 23, 2011, the Federal Motor Carrier Safety Administration and the Pipeline and Hazardous Materials Safety Administration recently issued a joint rule prohibiting inter…
Read More- 07
- Nov
- 2011
Alabama Department of Insurance Licensing Requirements for Workers' Compensation Adjusters
The Alabama Department of Industrial Relations (ADIR) requires all workers’ compensation adjusters to complete 8 hours of Continuing Education (CE) per calendar year. The hours mu…
Read More- 28
- Oct
- 2011
Missouri Court rules that Occupational Disease can be Pursued in Tort or as Workers' Compensation Claim
The Missouri Court of Appeals recently upheld a trial court's ruling that an occupational disease does not fall within the exclusivity provisions of the Missouri Workers' Compensa…
Read More- 20
- Oct
- 2011
Accident Caused By Answering Cell Phone While Driving Deemed Compensable in Virginia
A hospice nurse in Virginia was recently awarded workers’ compensation benefits after she was involved in a motor vehicle accident while on call. The hospice nurse worked on call …
Read More- 19
- Oct
- 2011
Exclusivity and Special Employers
On October 14, 2011 the Alabama Court of Civil Appeals released its opinion in Lewis v. Alabama Power Company (APCo) addressing the factors considered when determining if a compan…
Read More- 10
- Oct
- 2011
Alabama Supreme Court Upholds Alabama Court of Civil Appeals's Decision in Ex parte Cascaden Pertaining to Misrepresentation Defense
On October 7, 2011, the Alabama Supreme Court upheld the Alabama Court of Civil Appeals’ decision in Ex parte Scott A. Cascaden (see August 5, 2011 blog article). The Supreme Cour…
Read More- 27
- Sep
- 2011
Medicare Interests Considered Protected Despite Lack of CMS Review
Recently in a case in Arkansas dealing with the Longshore and Harbor Workers' Compensation Act, a Federal Court ruled that Medicare’s interests were considered and protected based…
Read More- 19
- Sep
- 2011
Trial Judge Orders Employer to Pay for Pain Management Despite Opinion of Two Treating Physicians that Pain was not Related to Job Injury
Ex parte El Reposo Nursing Home Group, Inc. On September 16, 2011, the Alabama Court of Civil Appeals released this opinion wherein it denied the employer’s petition for a writ o…
Read More- 13
- Sep
- 2011
Arbitration Agreement Which Splits Costs of Arbitration Cannot be Modified by Trial Court
Don Drennen v. McClung The Alabama Supreme Court recently issued an opinion reversing a trial court’s order that modified the payment structure for costs in relation to an arb…
Read More- 30
- Aug
- 2011
The Medicare Secondary Payer Charitable Foundation Announces Free Professional Medicare Set Aside Administration for Qualified Beneficiaries
The Medicare Secondary Payer Charitable Foundation(MSPCF), a not-for-profit organization, recently announced that it will provide free professional Medicare Set Aside (MSA) Admini…
Read More- 24
- Aug
- 2011
Theory of Continuing Accrual Not Recognized By Court in Conditional Payment Reimbursement Claims
Here is an update to the matter of United States v. Stricker which we first covered on the blawg ten months ago: In this case, the Government alleged that 907 recipients of the …
Read More- 20
- Aug
- 2011
The Pain Exception to a Scheduled Injury is Exceptionally High
On August 19, 2011 the Alabama Court of Civil Appeals released its second opinion in the matter styled G.UB.MK Constructors v. Davis, which was previously remanded to the trial co…
Read More- 05
- Aug
- 2011
Employer Not Required to Rely on Misrepresentation of Prior Condition in Order to Prevail on Affirmative Defense
On August 5, 2011, the Alabama Court of Civil Appeals released its decision in the case of Cascaden v. Winn-Dixie Montgomery, LLC. The appellate Court affirmed the ruling of the C…
Read More- 21
- Jul
- 2011
2011 Mileage Reimbursement Rate Mid Year Update
Effective July 1, 2011, the standard mileage reimbursement rate for Alabama was increased to 55.5 cents per mile.
Read More- 01
- Jul
- 2011
Blood Clot Deemed Compensable in New Jersey
An appellate court in New Jersey recently affirmed a ruling that the widower of an obese woman was entitled to workers’ compensation benefits after she died at her desk from a blo…
Read More- 29
- Jun
- 2011
The Genetic Information Non-Discrimination Act of 2008
The Genetic Information Non-Discrimination Act of 2008 (GINA), was enacted in May 2008 and became effective in November 2009. Essentially GINA forbids employers from intentionally…
Read More
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