- 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- 28
- Jun
- 2011
New Evidence May Be Introduced to Determine AWW on Remand from Appellate Court
This is an update on the matter of G.A. West & Co. v. Ricky McGhee which we discussed previously here and here. Previously, the Court of Civil Appeals reversed and remanded th…
Read More- 20
- Jun
- 2011
The Exclusivity Provisions of the Act Apply to An Employers Tortious Conduct Committed Within the Bounds of the Employers Proper Role
On June 17, 2011, the Alabama Court of Civil Appeals released its decision in Hudson v. Renosol Seating, LLC. In December 2008, approximately 90 workers at an automobile seating m…
Read More- 20
- Jun
- 2011
AIGA Reimbursement Claims Subject to Six Year Statute of Limitations
The Alabama Court of Civil Appeals recently considered a case where the Alabama Insurance Guaranty Association ("AIGA") sought reimbursement for money paid out to cover a workers’…
Read More- 16
- Jun
- 2011
A Tustle Down Under Considered Compensable
A strange set of facts was recently presented to a workers’ compensation Magistrate in Melbourne, Australia. The injured employee in this case was Matthew Styles, a manager at t…
Read More- 14
- Jun
- 2011
Workers Compensation Rate Change Effective July 1, 2011
Beginning July 1, 2011, the maximum workers’ compensation payable will be $755.00 per week and the minimum compensation will be $208.00 per week. This change is based on the Direc…
Read More- 10
- Jun
- 2011
Alabama Legislature Adopts Daubert Scientific Evidence Standard
Governor Bentley signed Senate Bill 187 into law on June 9, 2011. The law replaces the Frye standard with the federal expert witness rule known as the Daubert standard. Frye, whic…
Read More- 26
- May
- 2011
CMS Reiterates and Clarifies Its Policy Regarding Workers Compensation Medicare Set Aside Proposal Review Thresholds
The Centers for Medicare and Medicaid Services (CMS) has released a new policy memorandum dated May 11, 2011 (May 11, 2011 memo) pertaining to workers’ compensation Medicare Set A…
Read More
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