Alabama Workers’ Comp Blawg
"Designed to keep readers up to date on legislation, case law, and cutting edge issues regarding workers' compensation in Alabama."
Author: Mike Fish a founding member of Fish Nelson in Birmingham, Ala., and chair-elect of the ABA's Workers' Compensation and Employers' Liability Law Committee.
Blawg Related Categories: Labor & Employment • States • Alabama • Solo / Small Firm • Workers Compensation
Recent Posts from Alabama Workers’ Comp Blawg
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FINDING OF CAUSATION IN STROKE CASE REVERSED
Dollar General Corporation v. Patricia Nelson:On July 2, 2009, the Alabama Court of Civil Appeals released this opinion in which it reversed the trial courts finding that the employees stroke was caused by her employment.…
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TRUCK DRIVERS PHYSICAL STRESS AND GRADUAL DETERIORATION VERDICT IS REVERSED A SECOND TIME
On June 26, 2009, the Alabama Court of Civil Appeals considered the trial courts finding of medical causation for a second time. In the case, the employee claimed to have sustained a cumulative physical stress…
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SUMMARY JUDGMENT FOR EMPLOYER ON RETALIATORY DISCHARGE CLAIM IS AFFIRMED
Christopher Hatch v. NTW Incorporated, d/b/a/ National Tire and Battery Company:On June 19, 2009, the Alabama Court of Civil Appeals affirmed the trial courts Order granting the Employers Summary Judgment Motion as to the retaliatory…
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THE FIGHT CONTINUES AGAINST THE FEDERALIZATION OF WORKERS' COMPENSATION
As was previously discussed on the blawg (http://www.alabamaworkerscompblawg.com/template_permalink.asp?id=144 ) work continues in Congress in opposition to the possible federalization of Workers Compensation laws. There was an attempt to push the...
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NCOIL TO CONSIDER EMPLOYEE MISCLASSIFICATION WORKERS COMPENSATION COVERAGE MODEL ACT
The National Conference of Insurance Legislators (NCOIL) will consider a working draft of the Employee Misclassification Workers' Compensation Coverage Model Act, as sponsored by Rep. Charles Curtiss (TN) when it meets on July 10th at…
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POOR ECONOMY EQUALS MORE FRAUD
In a recent article in the Insurance Journal, it was noted that the economic downturn has resulted in a rise in workers compensation fraud. According to a senior special agent for the National Insurance Crime…
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TRIAL COURT CANNOT LIBERALLY CONSTRUE A SETTLEMENT AGREEMENT AGAINST THE EMPLOYER
Matthews Masonry Company v. Edward Aldridge, Jr.:On June 5, 2009, the Alabama Court of Civil Appeals considered the trial courts interpretation of certain settlement language for a second time. The first time, the Court reversed…
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REPRESENTATIVE TANNER REINTRODUCES WC MEDICARE SET-ASIDE REFORM
Representative John Tanner, of Tennessees 8th Congressional District, recently reintroduced the Medicare Secondary Payer and Workers Compensation Settlement Agreements Act of 2009. The bill has been assigned HR 2641. The bill is a reintroduction of...
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SUPREME COURT DENIES PETITION BUT ADDRESSES AUTHORIZED TREATING PHYSICIANS
Ex parte Travis C. Aderhold (In re: Massey Chevrolet, Inc. v. Travis C. Aderhold):On May 22, 2009, the Alabama Supreme Court denied a petition for writ of certiorari filed by the employee as a result…
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RICO CASE GOES TO SUPREME COURT
Brown v. Cassens Transport Co., et al., 546 F.3d 347 (6th Cir. 2008)(NO. 05-2089):A short summary of this case was previously provided in this blawg on October 29th. At that time, the 6th Circuit Court…