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  Ten years ago, we posted a blog article entitled Driving Distracted Should be a Safety Rule Violation.  Since that time, this deadly roadway epidemic has only gotten worse.  In 2019, distracted drivers killed 3,142 people.  This represented a 10% increase from 2018.  Although teenagers represent the largest percentage of offenders, it is done by all types and ages.  The main offenders consider themselves good drivers and rationalize that they are only
  On February 26, 2021, the Alabama Court of Civil Appeals released its opinions concerning three petitions for mandamus that arose out of an action for contempt.  Specifically, the plaintiff was awarded permanent and total disability benefits in a 2012 lawsuit against his employer.  In 2020, the employee filed a post judgment motion for contempt due to the alleged systematic late payment of his weekly benefits.  Although the lion’s share of the opinion addressed procedural…
  The following blog article is published with the permission of guest blogger, Judge David Langham.  It was originally published on Judge Langham’s blog, Florida Workers’ Comp Adjudication.    Chevy Chase played Ty Webb in the 1980 classic “Caddyshack.” A memorable conversation with the movie’s protagonist, Danny Noonan, included a somewhat off-point quote. The point of it is that it is off point, an element of the eclecticism that comprised the Ty Webb character (and…
  At least, that was the opinion of the Alabama AG on February 3, 2003.  A few months prior to that, President Bush announced the National Smallpox Vaccination Program, a smallpox vaccination plan that would, in phases, vaccinate a significant number of Americans against a potential release (via act of terrorism) of smallpox into the population.  Since it was anticipated that there would be side effects associated with the vaccinations, the Director of the Alabama…
  On December 21, 2020 the Alabama Supreme Court issued Administrative Order No. 9 which extended its previous orders concerning workers’ compensation and taking witness testimony remotely during the pandemic.  This means that the following rules will be in effect through April 30, 2021:   Any workers’ compensation settlement hearing in any court may be conducted telephonically or by videoconferencing. Any workers’ compensation settlement may be approved by an ombudsman of the Alabama Department of
  On December 11, 2020, the Alabama Supreme Court rendered a decision finding that collateral estoppel does not violate the constitutional right to a trial by jury. This finding was based on a review of a Motion for Summary Judgment Order granted in favor of the employer by the Circuit Court of Shelby County, Alabama, in a retaliatory discharge case.   In that case, the employee was terminated for misconduct according to the employer. The…
  Membership in the AWCO offers several professional and social opportunities annually to interact with other workers’ compensation professionals. Usually, the highlight of the year is the annual AWCO Spring Conference where its members come together for two days of education, fun, and fellowship.  This year, the pandemic forced the conference to be postponed to November, but it was held and held in person (and virtually).  Hopefully, things will improve, and the conference can, again,…
  We make no bones about it; this is one of the stranger stories to be posted on the Alabama Workers’ Compensation Blawg.  It was recently reported by WorkersCompensation.com that one of the world’s leading hip and knee experts began the act of keeping his patient’s bones in the 90’s.  Since that time, he has held on to bones from close to 5,224 surgeries.  The Birmingham doctor, known to have a list of famous athletes…
  In a year that have given us a global pandemic, violent demonstrations and protests, wildfires, locust swarms, murder hornets, and devastating hurricanes, it is appropriate that the Alabama Workers’ Compensation Blawg reaches its 13th year.  Never, in the 100 years since it went into effect, has the language of the Alabama Workers’ Compensation Act been so analyzed and dissected.  Never before has our system of workers’ compensation been so affected by both executive orders…