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Alabama Workers' Comp Blawg

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Michael Fish

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  One hundred years ago today, the Alabama Senate approved bill 26-1 which, when enacted into law the following month, became what is now known as the Alabama Workers’ Compensation Act. Much of the original 33 page Act has remained unchanged in the last century.  Here are a few items from the original Act that have changed:    It was called the Alabama Workmen’s Compensation Act. 10% contingency fee for attorney representing employee. Cost of…
  On April 19, 2019, the Alabama Court of Civil Appeals released its opinion in Tuscaloosa County v. Chaka Beville.  In Beville, the employee sought benefits for a wrist injury.  The authorized treating physician assigned a 4% left upper extremity impairment.  The basis of the doctor’s assigned impairment was decreased joint mobility, increased stiffness, and limited grip strength.  Loss of grip strength was not considered since it was expected to improve over time.  After a…
  On March 29, 2019, the Alabama Court of Civil Appeals released its opinion in Ex parte Trusswalk, Inc. wherein it addressed a trial court’s ability to order pain management in the absence of a supporting medical necessity opinion from a doctor.  In Trusswalk, the trial court ordered the employer to send the injured employee to pain management despite the fact that no doctor had recommended it.  In issuing the order, the trial court relied…
  Fish Nelson & Holden is joining forces with Georgia firm, Levy Sibley Foreman & Speir to put on a joint AL/GA workers’ compensation conference on May 16, 2019.  It will be held at Cobb Galleria Centre in Atlanta.  Registration is free.  For more information or to reserve your seat, please contact Christie Eades at (866) 995-8663 or ceades@lsfslaw.com.   …
  In May of 2017, we reported that an Alabama Circuit Court Judge issued an Order declaring the entire Alabama Workers’ Compensation Act unconstitutional.  In June of 2017, we reported on what needed to happen to fix the Alabama Workers’ Compensation Act.  In November of 2017, we reported that the Alabama State Bar Association had appointed a task force to review the Act and make recommendations on how to fix it.  In April…
    On March 1, 2019, the Alabama Supreme Court issued its opinion regarding the largest retaliatory discharge jury verdict ever recorded in Alabama. Notable facts from the underlying case are as follows:   –The employee had a compensable workers’ compensation accident.   -The authorized doctor assigned work restrictions that could not be accommodated.   -The employee was on workers’ compensation leave for 4.5 months.   -He received TTD during that time period.   -While…
  Membership in the AWCO offers a number of professional and social opportunities annually to interact with other workers’ compensation professionals. The highlight of the year is the annual AWCO Spring Conference where its members come together for three days of education, fun, and fellowship. Membership is only $75 if paid prior to February 27, 2019.  After that, the annual fee goes up to $150.  Once you are an AWCO member, the Spring Conference is…
  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 submit a settlement for their review. There is no need to make an appointment for these times but it is a good idea to call and give them a heads up just to make sure they will be there.   2019 OFFICE…
  Alabama Representative James Haynes ( R ) has recently introduced two bills related to cancer coverage for firefighters. Both of these bills were introduced on January 10, 2019 and are set to be read for the first time on March 5, 2019.   The first bill, HB2, will establish a rebuttable presumption of causation when a firefighter if diagnosed with cancer. Specifically, cancer for firefighters will be considered an occupational disease when it manifest…