- 14
- Jul
- 2010
Claimants Must Continue to Satisfy Arising Out of Test
On April 17, 2009, the Court of Civil Appeals released its opinion in Lana Brown v. Patsy Patton d/b/a Korner Store. You can find a summary of the holding on our Blawg under the c…
Read More- 09
- Jul
- 2010
Using Arbitration Forums Special Arbitration Agreement to Efficiently Subrogate Small Claims
In cases where a worker is injured by a third party’s wrongdoing the workers’ compensation insurance carrier is entitled to recover a portion of the benefits it pays out from th…
Read More- 06
- Jul
- 2010
Is it Necessary to Secure a Separate HIPAA Release to Disperse Records to an Expert Witness?
Although workers' compensation matters are exempted from HIPAA, it is a regular practice to have the claimant sign HIPAA releases so that the employer's attorney can review all of…
Read More- 01
- Jul
- 2010
A Jury Can Make a Difference
An often overlooked section of the Alabama Workers’ Compensation Act is the right to a jury trial. Factual and legal issues for workers’ compensation cases are typically resolved …
Read More- 22
- Jun
- 2010
Workers Compensation Rate Changes Effective July 1, 2010
Birmingham, AL - On May 27, 2010, in accordance with the provisions of Section 25-5-68(c), Code of Alabama, 1975, as last amended, the Director of Industrial Relations determined …
Read More- 22
- Jun
- 2010
Going In-Depth with the Laws Governing Injured Oil Spill Workers Claims
As we mentioned in our previous post, injured workers’ claims arising out of the oil spill cleanup will be governed by three sets of laws: the Jones Act, the Longshore and Harbor …
Read More- 22
- Jun
- 2010
Alabama Court of Appeals Says Don't Go Changing
Ex parte Siemag The Alabama Court of Civil Appeals denied a petition for a writ of mandamus (to compel the lower court to reverse itself) sought by two defendant corporations that…
Read More- 17
- Jun
- 2010
CMS New Policy Changes Announced in May 2010 Memo
CMS’ new policy memorandum addresses the separate issues of (a) off label and/or unlabeled outpatient drug uses and (b) rated ages in relation to the agency’s Workers’ Compensat…
Read More- 14
- Jun
- 2010
OIL SPILL LIKELY TO LEAD TO FUTURE WORKERS COMPENSATION CLAIMS
On April 20, 2010, Transocean’s Deepwater Horizon drilling rig exploded, leading to 1.3 million gallons of crude oil leaking into the Gulf of Mexico per day. By comparison, the Ex…
Read More- 11
- Jun
- 2010
UNITED STATES DISTRICT COURT DISMISSES RICO CLAIM
Jackson v. Sedgwick Claims Management Services, Inc., No. 09-11529 (E.D. Mich. 03/11/10): A U.S. District Court (Eastern District of Michigan) recently determined that an alleged …
Read More- 11
- Jun
- 2010
TRIAL COURT REVERSED ON ORDER FOR PANEL OF FOUR BUT AFFIRMED ON NOTICE AND CAUSATION ISSUES
Equity Group – Alabama Division d/b/a Keystone Foods v. Rodney DeWayne Harris: On June 4, 2010, the Alabama Court of Civil Appeals released this opinion wherein it affirmed the Tr…
Read More- 08
- Jun
- 2010
NEW YORK PASSES ANTI WORKPLACE BULLYING STATUTE
On May 12, the New York State Senate passed a bill allowing workers to sue their employers for any harm suffered by “workplace bullying.” The bill defines bullying broadly and …
Read More- 09
- May
- 2010
RETALIATORY DISCHARGE VERDICT REVERSED
M & J Materials, Inc. v. Isbell: On May 7, 2010, the Alabama Court of Civil Appeals released this opinion wherein it reversed the trial court’s decision to deny the employer’s…
Read More- 16
- Apr
- 2010
HOUSE BILL REGARDING CAP AND SCHEDULE DEAD IN THE WATER
According to the Alabama Self Insured Association, House Bill 21 which proposed lifting the $220 cap and weakening the schedule limitation was killed in the House Commerce Committ…
Read More- 02
- Apr
- 2010
HOUSE BILL REGARDING CAP AND SCHEDULE PROBABLY DEAD FOR THIS SESSION
House Bill 21 which proposes lifting the $220 cap and weakening the schedule limitation will not likely be reached in this legislative session. According to the Alabama Self Insur…
Read More- 31
- Mar
- 2010
VIOLATION OF A SAFETY RULE NOT ALWAYS WILLFUL MISCONDUCT
McWane, Inc. v. McClurg; released 3/26/2010 The Alabama Court of Civil Appeals outlined what is required to prevail when asserting the defense of willful misconduct. The Court he…
Read More- 31
- Mar
- 2010
WHEN REFUSAL WILL STOP ENTITLEMENT TO BENEFITS
McWane, Inc. v. McClurg; released 3/26/2010 The Court of Appeals addressed three separate issues related to an employee’s refusal resulting in benefits being stopped during the pe…
Read More- 26
- Mar
- 2010
EMPLOYER PREVAILS IN RICO CLAIM AGAINST EMPLOYEES
On March 14th, 2010 a federal judge entered a default judgment for the amount of $2,264,690.68 against 86 workers’ compensation claimants in a Racketeer Influenced and Corrupt Org…
Read More- 23
- Mar
- 2010
TRIAL COURT DECISION TO REMOVE LEFT HAND INJURY FROM SCHEDULE IS REVERSED
G.UB.MK Constructors v. Howard Lee Davis: On March 19, 2010, the Alabama Court of Civil Appeals released this opinion wherein it reversed the trial court’s decision to remove a ha…
Read More- 18
- Mar
- 2010
HIGH STANDARD FOR PAIN TO TAKE INJURY OUT OF SCHEDULE
Norandal U.S.A. Inc. v. Graben released 3/12/2010 This was the second time Norandal U.S.A. Inc. v. Graben came before the Court of Appeals. A summary of the previous holding is lo…
Read More
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