Alabama Workers' Comp Blawg

  • 20
  • Apr
  • 2009

MILEAGE FOR ONE ROUND TRIP TO PHARMACY NOW REIMBURSABLE

The Alabama Workers' Compensation Code does not provide for the reimbursement of mileage for trips to and from the pharmacy.  However, the Alabama Department of Industrial Relatio…

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  • 20
  • Apr
  • 2009

NEW BILL IS FIRST STEP TOWARDS FEDERALIZATION OF WORKERS' COMPENSATION

Democratic Congressman Joe Baca from California has introduced a bill to the 111th Congress hoping to establish a commission to evaluate state workers’ compensation laws. The comm…

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  • 08
  • Apr
  • 2009

CMS TO INDEPENDENTLY PRICE AND CALCULATE FUTURE PRESCRIPTION DRUG TREATMENT

On April 3, 2009, the Centers for Medicare and Medicaid Services (CMS) issued a formal memorandum stating that it will start independently pricing future prescription drug treatme…

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  • 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…

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  • 25
  • Mar
  • 2009

POSSIBLE DEFENSE ATTORNEY IMMUNITY TO CMS LIABILITY

Here is an update to ”http://www.alabamaworkerscompblawg.com/template_permalink.asp?id=118” a post made late last year about the Protocols v. Leavitt case. In this case a company …

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  • 21
  • Mar
  • 2009

DOCTOR SUED FOR RELEASING MEDICAL RECORDS TO EMPLOYER

Louis Frank Hollander, Jr. v. Raymond Lee Nichols: On March 20, 2009, the Alabama Supreme Court released this opinion concerning a case wherein an employee sued the authorized tre…

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  • 20
  • Mar
  • 2009

YOU CAN DENY THE CLAIM WHILE MAINTAINING CONTROL OF THE MEDICAL BENEFITS

The case of Fluor Enterprises, Inc., d/b/a Fluor Signature Services v. Darrell Lawshe was previously reported in this blawg on February 6, 2009. This case put employers, insurers,…

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  • 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…

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  • 02
  • Mar
  • 2009

NEW BILL (SB 381) AFFECTING COLLATERAL ESTOPPEL DEFENSE IN RETALIATORY DISCHARGE CASES INTRODUCED IN 2009 SESSION OF ALABAMA LEGISLATURE

One of the easiest ways for an employer to defeat a retaliatory discharge claim is by asserting the defense of collateral estoppel. Specifically, if the employee files for unemplo…

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  • 26
  • Feb
  • 2009

CMS PURSUES RECOVERY DIRECTLY AGAINST ATTORNEY

United States of America v. Paul J. Harris, United States District Court, Northen District of West Virginia, Civil Action No. 5:08CV102: In this pending case, the U.S. government …

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  • 20
  • Feb
  • 2009

PERMANENT AND TOTAL AWARD FOR LEG INJURY REVERSED

Norandal U.S.A., Inc. v. Welton Graben: On February 20, 2009, the Alabama Court of Civil Appeals released this opinion wherein it reversed and remanded the trial court’s decision …

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  • 17
  • Feb
  • 2009

NEW BILL (HB 18) AFFECTING WORKERS' COMPENSATION INTRODUCED IN 2009 SESSION OF ALABAMA LEGISLATURE

In 1992, after many concessions from both trial lawyers and business interests, the Alabama Legislature passed the Workers' Compensation Reform Act of 1992. The goal was to reduce…

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  • 16
  • Feb
  • 2009

EMPLOYER AND EMPLOYEE FRAUD INTERVIEW

On February 12, 2009, Mike Fish was a guest on the on the Workers' Comp Matters internet radio show.  The host, Attorney Alan S. Pierce, and Fish discussed issues related to worke…

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  • 10
  • Feb
  • 2009

ALABAMA CONTROLLED SUBSTANCES PRESCRIPTION DATABASE

The Alabama legislature recently established and implemented a controlled substance database for the entire state of Alabama. The purpose of this database is to monitor the prescr…

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  • 07
  • Feb
  • 2009

FIRE EXTINGUISHER HELD NOT TO BE A SAFETY DEVICE ON A MACHINE FOR PURPOSES OF SECTION 25-5-11(c)(2)

Darius Moore v. Larry Welch, Sid Sewell, and Frank James: On February 6, 2009, the Alabama Court of Civil Appeals considered a case wherein the employee was injured when the paint…

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  • 06
  • Feb
  • 2009

NONRESIDENT ALIEN DEPENDENTS NOT ENTITLED TO DEATH BENEFITS

Reynalda Alanis Duran et al. v. Goff Group: On February 6, 2009, the Alabama Court of Civil Appeals considered the issue of whether or not nonresident alien dependents were entitl…

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  • 06
  • Feb
  • 2009

DENYING CLAIM MAY RESULT IN LOSS OF ABILITY TO CHOOSE DOCTOR

Fluor Enterprises, Inc., d/b/a Fluor Signature Services v. Darrell Lawshe: On February 6, 2009, the Alabama Court of Civil Appeals considered the issue of whether or not an employ…

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  • 23
  • Jan
  • 2009

DOCTOR HELD NOT TO BE AUTHORIZED TREATING PHYSICIAN WHERE REFERRAL IS MADE FOR LIMITED PURPOSE

Ex parte Massey Chevrolet, Inc.: In this opinion released on January 23, 2009, the Alabama Court of Civil Appeals considered a dispute over medical care in a previously settled …

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  • 20
  • Jan
  • 2009

AGE DISCRIMINATION DISMISSAL REVERSED

Marcus Lynn Whitson v. City of Hoover: On January 16, 2009, the Alabama Supreme Court considered this case wherein the employee settled his workers’ compensation case and then sue…

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  • 20
  • Jan
  • 2009

UNEMPLOYMENT HEARING AFFECTS AFFIRMATIVE DEFENSE IN RETALIATORY DISCHARGE CASE

Ex parte Gadsden Country Club: On January 16, 2009, the Alabama Supreme Court released this opinion wherein it denied the employers’ petition for a writ of mandamus. Specifically,…

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