- 16
- Mar
- 2010
EMPLOYER WINS RETALIATORY DISCHARGE CLAIM ON APPEAL
Black Creek, Inc. v. Ray Keith Wood: On March 12, 2010, the Alabama Court of Civil Appeals released this opinion wherein it reversed a denial of a motion for a judgment as a matte…
Read More- 16
- Mar
- 2010
PLAINTIFF WINS RETALIATORY DISCHARGE CLAIM BUT IS AWARDED NO DAMAGES
Early last year in the Circuit Court of Etowah County, the trial judge entered judgment in favor of a plaintiff in her retaliatory discharge claim but awarded her no compensatory …
Read More- 14
- Mar
- 2010
PTSD HELD NOT TO BE A OCCUPATIONAL DISEASE IN ABSENCE OF PHYSICAL INJURY
Robert Cocking v. City of Montgomery: On March 12, 2010, the Alabama Court of Civil Appeals considered the issue of whether Post Traumatic Stress Disorder ("PTSD") was compensable…
Read More- 14
- Mar
- 2010
TAKING CONTROL OF DOCTOR REFERRALS
Recently, a client of this law firm was presented with a situation where the authorized treating physician made a referral to a specific pain management facility. Our client felt …
Read More- 14
- Mar
- 2010
TAKING CONTROL OF DOCTOR REFERRALS
Recently, a client of this law firm was presented with a situation where the authorized treating physician made a referral to a specific pain management facility. Our client felt …
Read More- 14
- Mar
- 2010
TAKING CONTROL OF DOCTOR REFERRALS
Recently, a client of this law firm was presented with a situation where the authorized treating physician made a referral to a specific pain management facility. Our client felt …
Read More- 09
- Mar
- 2010
SEPARATION OF PHYSICIAN AND SURGEON
Ex parte Nicholas Kish: On March 5, 2010, the Court of Civil Appeals granted a Writ of Mandamus ordering the Trial Court to grant the employees Motion to Compel a panel of four su…
Read More- 08
- Feb
- 2010
PROPOSED REMOVAL OF $220 CAP AND SCHEDULE LIMITATION
The Legislators are at it again. Democratic Representative Joseph Mitchell, of Mobile has introduced HB 21 in the 2010 session that would seek to remove the $220 cap on weekly ben…
Read More- 08
- Feb
- 2010
BIFURCATION CAN RESULT IN AN EARLY FINAL APPEALABLE ORDER
Belcher-Robinson Foundry, LLC v. Narr: On January 29, 2010, the Alabama Court of Civil Appeals released this opinion wherein it considered whether or not an Order regarding a bifu…
Read More- 08
- Feb
- 2010
BIFURCATION CAN RESULT IN AN EARLY FINAL APPEALABLE ORDER
Belcher-Robinson Foundry, LLC v. Narr On January 29, 2010, the Alabama Court of Civil Appeals released this opinion wherein it considered whether or not an Order generated as the…
Read More- 30
- Jan
- 2010
COURT WITHDRAWS PRIOR OPINION AND RELEASES NEW OPINION CONCERNING AWW AND PERMANENT AND TOTAL AWARD
(Note: The Alabama Court of Civil Appeals withdrew its opinion of July 17, 2009 and substituted it with the opinion summarized below) G.A. West & Co. v. Ricky McGhee: On Janu…
Read More- 27
- Jan
- 2010
MEDICARE TAKING AGGRESSIVE STAND ON RECOVERY OF CONDITIONAL PAYMENTS
In December of 2009, Medicare filed a lawsuit in the U.S. District Court for the Northern District of Alabama seeking to recover conditional payments it made to medical providers …
Read More- 17
- Jan
- 2010
SHELBY COUNTY JURY RETURNS $300,000.00 VERDICT IN RETALIATORY DISCHARGE CASE
James Nichols v. Material Delivery Services, Inc.: On January 15, 2009, a Shelby County jury returned a verdict against an employer and assessed $75,000.00 in compensatory damages…
Read More- 17
- Jan
- 2010
ALABAMA SUPREME COURT TO CONSIDER WHETHER UNEXPLAINED FALLS ARE COMPENSABLE
Lana Brown v. Korner Store: On April 17, 2009, the Alabama Court of Civil Appeals released an opinion which had the affect of dispensing with the "arising out of" part of the two …
Read More- 12
- Jan
- 2010
PAYING FULL WAGES MAY TOLL STATUTE OF LIMITATIONS
Marvin Jackson v. Delphi Automotive Systems: On January 8, 2010, the Alabama Court of Civil Appeals released this opinion wherein it considered the Statute of Limitations defense.…
Read More- 12
- Jan
- 2010
JURY VERDICT REVERSED ON APPEAL BECAUSE OF CO-EMPLOYEE STATUS OF INDIVIDUALLY NAMED DEFENDANT
G.UB.MK Constructors and Eric Leslie v. Darlene Garner, as administratrix of the estate of Wendell Garner, deceased: On January 8, 2010, the Alabama Supreme Court released this op…
Read More- 06
- Jan
- 2010
GEORGIA COURT REAFFIRMS TWO PART TEST FOR CAUSATION
Recently the matter of St. Joseph’s Hospital , et al., v. Ward, came before the Georgia Court of Appeals. Ward, a nurse, was at work at the hospital when she stood and turned to g…
Read More- 14
- Dec
- 2009
FCE HELD TO BE VIOLATION OF ADA
On September 28th the U.S. 9th Circuit Court of Appeals ruled that Georgia-Pacific violated the Americans with Disabilities Act (ADA) for requiring their employees to participate …
Read More- 11
- Dec
- 2009
UNITED STATES SUPREME COURT ALLOWS RICO CASE TO PROCEED
Last Friday, the Supreme Court of the United States reviewed the case of Cassens Transport Co., et al., Petitioners v, Paul Brown, et al., No. 08-1375 on its conference agenda. Th…
Read More- 25
- Nov
- 2009
ALABAMA WORKERS COMPENSATION FRAUD CONVICTIONS CONTINUE
On November 17, 2009, Attorney General, Troy King, successfully convicted employee, Robert Burrows, on 3 counts of workers’ compensation fraud in the Circuit Court for Shelby Coun…
Read More
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