- 19
- Mar
- 2020
Alabama Supreme Court Chief Justice Issues Temporary Rules Regarding Workers’ Compensation Settlements
On March 18, 2020, Alabama Supreme Court Chief Justice, Tom Parker, issued an Order setting forth temporary rules regarding workers’ compensation settlements. Per the Order…
Read More- 18
- Mar
- 2020
Alabama Occupational Diseases and COVID-19
In Alabama, an occupational disease is defined as “a disease arising out of and in the course of employment… which is due to hazards in excess of those ordinarily incident t…
Read More- 18
- Mar
- 2020
Director of Alabama Department of Labor Workers’ Compensation Division Issues Memorandum Concerning Ombudsman Program
On March 18, 2020, the Director of the Alabama Department of Labor (ADOL) Workers’ Compensation Division, Steve Garrett, released a Memorandum concerning the Ombudsman Progr…
Read More- 17
- Mar
- 2020
COVID-19 Impact on Alabama Courts and ADOL Ombudsman Program
Alabama Court Appearances Temporarily Suspended On March 13, 2020, the Alabama Supreme Court issued an administrative order which suspended all court appearances for 30 days. …
Read More- 02
- Mar
- 2020
Alabama House Bill Proposes Adoption of IRS’s Rules for Determining Employment Status
Alabama State Representative Wes Kitchens (R-Arab) recently introduced House Bill 77, which would require employers and state agencies to use the guidelines specified by the Int…
Read More- 28
- Feb
- 2020
Alabama Employer’s Attempt at Dismissal Based on Exclusivity Provision Fails Due to Unresolved Issues of Fact Regarding Physical Attack on Employee
Alabama’s Workers’ Compensation Act has an exclusivity provision that shields employers from tort claims resulting from injuries, or death, caused by an accident or occupational…
Read More- 28
- Feb
- 2020
Alabama Department of Labor Needs to Know the County Where the Benefit Review Conference Occurred
Regardless of whether a workers’ compensation settlement is finalized before a Circuit Court Judge or an ADOL Ombudsman, the ADOL Workers’ Compensation Division, must receive a …
Read More- 28
- Feb
- 2020
Alabama Legislation Seeks to Create PTSD Physical Injury Requirement Exception for First Responders
Alabama is a physical-mental state which means you have to have a physical injury in order to be able to recover mental injuries. Ten years ago,the Alabama Court of Civil Appea…
Read More- 28
- Feb
- 2020
A look at the Potential Impact of the Coronavirus on Alabama Workers’ Compensation through a New Jersey Lens
Earlier today (2/28/20), the World Health Organization chief Tedros Adhanom Ghebreyesus told reporters that the risk of spread and impact of the coronavirus is now very high at …
Read More- 27
- Feb
- 2020
Don’t Miss the February 28, 2020 Deadline to Join the Alabama Workers’ Compensation Organization
February 28, 2020 is the deadline for discounted AWCO membership registration that includes a free conference. Registration will close at 5:00 pm CST. If you have not regi…
Read More- 20
- Jan
- 2020
Alabama Employee Gets a Second Opinion Doctor Despite Previously Exhausting her Panel of Four
On January 17, 2020, the Alabama Court of Civil Appeals released its opinion in the matter styled Ex parte Kohler Company, Inc. In Kohler, the Court considered a Petition f…
Read More- 13
- Jan
- 2020
The Alabama Workers' Compensation Organization...Membership has its Privileges
Membership in the AWCO offers a number of professional and social opportunities annually to interact with other workers' compensation professionals. The highlight of the yea…
Read More- 07
- Jan
- 2020
Beginning January 1, 2020, the Alabama Department of Labor, Workers’ Compensation Division, Requires a Completed WC-4 Claim Summary Form for all Alabama Workers’ Compensation Settlements
Effective January 1, 2020, the Alabama Department of Labor, Workers’ Compensation Division, must receive a completed WC-4 Claim Summary Form for all Alabama Workers’ Compensatio…
Read More- 02
- Jan
- 2020
2020 Alabama Mileage Reimbursement Rate Update
Effective January 1, 2020, the mileage reimbursement rate for Alabama is 57.5 cents per mile, a .5 cent decrease from 2019. …
Read More- 01
- Jan
- 2020
Happy 100 Years of WC Alabama!
Today marks 100 years since the Alabama Workers’ Compensation Act went into effect. Back then, it was known as the Alabama Workmen’s Compensation Act. While it has been expand…
Read More- 09
- Dec
- 2019
In Alabama, For Statute of Limitations Purposes Simply Filing a Complaint Does Not Commence an Action
On December 6, 2019, the Alabama Court of Civil Appeals released its opinion in James Brooks v. Austal USA, LLC. The undisputed facts were that while the Complaint was filed…
Read More- 06
- Dec
- 2019
Alabama Court of Appeals Upholds Trial Court’s Order Requiring Employer to Provide a Second Panel of Four Pain Management Doctors or Negotiate the Closure of Medical Benefits
On December 6, 2019, the Alabama Court of Civil Appeals released its opinion in Colby Furniture Company v. Belinda Overton. In Overton, the employer sought the termination …
Read More- 04
- Dec
- 2019
In Alabama, Attorney Evaluation Still Privileged Even if Reasonableness of Third Party Settlement is at Issue
On November 27, 2019 the Alabama Supreme Court released its opinion in Ex parte Dow Corning Alabama, Inc., et al. In this case an employee was injured while working…
Read More- 27
- Nov
- 2019
In Alabama, Absent Supporting Medical Evidence, “Substantial Evidence” is Necessary to Prove Causation
On November 15, 2019, the Alabama Court of Civil Appeals released its opinion inEx parte Sea Coast Disposal, Inc., in response to a Petition for Writ of Mandamus. The employer a…
Read More- 27
- Nov
- 2019
Alabama DOL Ombudsmen will Continue to Offer set Schedule for Benefit Review Conferences in 2020
Ombudsmen Patricia Fraley and Ted Roose plan to continue to keep regular office hours on the 2nd and 4th Tuesdays of every month from 9-12 and 1-3 for anyone who wants to su…
Read More
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