On September 6, 2019, the Alabama Court of Civil Appeals released its opinion inEx parte Warrior Met Coal, Inc.  In Warrior, the employee continued to work for employer when he filed a complaint for hearing loss.  The employer moved for summary judgment because the employee was still working for them under the same noise conditions.  The argument being that the employee could not establish a date of last exposure which, in Alabama, is considered…

  When you think of pirates of the 13th Century, images of fierce sword-wielding warriors engaged in bloody ship to ship sea battles immediately come to mind.  It may shock you to know, that pirates actually had one of the earliest no-fault workers’ compensation systems.  Each ship had a written compensation schedule where it was agreed that the loss of a limb would result in a lump sum payment of a pre-set number of pieces…

  Today marks 100 years since Governor Thomas Kilby signed bill 26-1 into law thereby creating what is now known as the Alabama Workers’ Compensation Act. Back then, it was known as the Alabama Workmen’s Compensation Act.  The law later went into effect on January 1, 1920.  Although there has been some recent controversy as to the constitutionality of the Act in its current state, it remains a better alternative to employees having to prove…

  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…

  Beginning July 1, 2019, the maximum workers’ compensation payable will be raised to $892.00 per week and the minimum will be raised to $245.00 per week.https://labor.alabama.gov/docs/guides/wc_weeklywage.pdf…

  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…