- 02
- Jan
- 2009
2009 MILEAGE REIMBURSEMENT RATE
2009 Alabama Standard Mileage Reimbursement Rate: Effective January 1, 2009, the standard mileage reimbursement rate for Alabama was reduced to 55 cents per mile.
Read More- 20
- Dec
- 2008
TRIAL COURT'S FINDING OF OCCUPATIONAL DISEASE IS REVERSED
Greater Mobile Chrysler-Jeep, Inc. v. Charles Atterberry: In this opinion released on December 19, 2008, the Alabama Court of Civil Appeals considered an employee’s claim of occup…
Read More- 20
- Dec
- 2008
TRIAL COURT'S DECISION TO CIRCUMVENT SCHEDULE FOR KNEE INJURY REVERSED
Solomon Motor Company v. Earnest Dean: In this opinion released on December 19, 2008, the Alabama Court of Civil Appeals considered a trial court’s decision to sidestep the schedu…
Read More- 16
- Dec
- 2008
CMS SUED OVER MEMORANDUM OPINION
BACKGROUND: On July 11, 2005, the Centers for Medicare and Medicaid Services (CMS) released its sixth policy memorandum with answers to frequently asked questions (FAQ’s) on Work…
Read More- 13
- Dec
- 2008
CIRCUMVENTING THE SCHEDULE
Child Day Care Association v. Victoria Christesen: In this opinion released on December 12, 2008, the Alabama Court of Civil Appeals upheld the trial court’s decision not to apply…
Read More- 13
- Dec
- 2008
DOUBLE INDEMNITY ASSESSED AGAINST EMPLOYER
MasterBrand Cabinets, Inc., f/k/a NHB Industries, Inc. v. Nacola Ruggs: In this opinion released on December 12, 2008, the Alabama Court of Civil Appeals considered whether the tr…
Read More- 07
- Dec
- 2008
REFUSAL OF PSYCHOLOGICAL AND PSYCHIATRIC TREATMENT
Ex parte Saad's Healthcare Services, Inc. In this opinion released on December 5, 2008, the Alabama Supreme Court held that the Alabama Court of Civil Appeals was correct in deter…
Read More- 22
- Nov
- 2008
ALABAMA WORKERS' COMPENSATION FRAUD UNIT
The Alabama unemployment rate is higher than it has been in five years. In October it rose to 5.6%. In Chambers County it has reached a staggering 14.3% with Wilcox, Bullock, Lown…
Read More- 20
- Nov
- 2008
ATTORNEY GENERAL SUCCESSFULLY PROSECUTES WORKERS' COMPENSATION FRAUD
On November 18, 2008, the Montgomery Advertiser reported that the Attorney General’s office successfully prosecuted an Anniston woman for workers’ compensation fraud. Apparently, …
Read More- 07
- Nov
- 2008
ABA PRESIDENT DECRIES EXPENSIVE 2008 STATE JUDICIAL RACES
With over $5 million dollars spent towards the only open seat on the Alabama Supreme Court, our state reportedly had the most expensive high court race this year. As a result of …
Read More- 05
- Nov
- 2008
ELECTION RESULTS
As of Wednesday morning with 94 percent of the precincts reporting, the most expensive Supreme Court race in the nation was neck and neck. Greg Shaw, a Republican, edged his Democ…
Read More- 02
- Nov
- 2008
METHOD FOR AWW CALCULATION IS MANDATORY
Ex parte Dolgencorp, Inc., --- So.2d ----, 2008 WL 4757045 (Ala. 2008): In this October 31, 2008 opinion, the Alabama Supreme Court held that the second method for calculating the…
Read More- 02
- Nov
- 2008
PAIN EXCEPTION TO SCHEDULE
Gold Kist, Inc. v. Porter --- So.2d ----, 2008 WL 4757112 (Ala.Civ.App. 2008): In this opinion released on October 31, 2008, the Alabama Court of Civil Appeals affirmed the trial …
Read More- 02
- Nov
- 2008
SECOND INJURY CONSIDERED CONTINUATION OF OLD INJURY
Hokes Bluff Welding and Fabrication v. Cox --- So.2d ----, 2008 WL 4757149 (Ala.Civ.App. 2008): On October 31, 2008, the Alabama Court of Civil Appeals released this opinion in wh…
Read More- 29
- Oct
- 2008
RICO AS ALTERNATIVE TO OUTRAGE
Brown v. Cassens Transport Co., et al., 6th Cir. 2008: On October 23, 2008, the 6th Circuit Court of Appeals released its decision in Brown v. Cassens Transport Co., et al., 6th C…
Read More- 27
- Oct
- 2008
RACIALLY MOTIVATED ATTACK DEEMED NOT COMPENSABLE
Ex parte N.J.J., --- So.2d ----, 2008 WL 4687088 (Ala. 2008): In this opinion released on October 24, 2008, the employee sustained physical and psychological injury when she was p…
Read More- 19
- Oct
- 2008
ALTERED GAIT LEADS TO REMOVAL FROM SCHEDULE AND P and T AWARD
Norandal U.S.A., Inc. v. Graben, --- So.2d ----, 2008 WL 4603456 (Ala.Civ.App. 2008): In this case decided on October 17, 2008, the employer appealed from a judgment awarding the …
Read More- 13
- Oct
- 2008
NO EVIDENCE OF PERMANENT IMPAIRMENT OR VOCATIONAL LOSS
Hendricks v. KW Plastics, Inc., --- So.2d ----, 2008 WL 4531577 (Ala.Civ.App. 2008): An employee took his workers' compensation case to trial without the benefit of an attorney. …
Read More- 06
- Oct
- 2008
FUTURE MEDICAL BENEFITS FOR RIGHT KNEE ARE SPECIFICALLY CLOSED IN SETTLEMENT AGREEMENT ... OR ARE THEY???
Matthew's Masonry Co. v. Aldridge, --- So.2d ----, 2008 WL 4445185 (Ala.Civ.App. 2008): On December 12, 2000, the employer settled with the employee and closed everything except f…
Read More- 22
- Sep
- 2008
CO-EMPLOYEE HELD IMMUNE FROM LIABILITY FOR NEGLIGENT/WANTON CONDUCT
Brunson v. Lucas, --- So.2d ----, 2008 WL 4093793 (Ala.Civ.App. 2008): An employee who had received workers' compensation benefits for injuries received when he was hit by a motor…
Read More
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