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…

  On August 14, 2020 the Alabama Supreme Court issued Administrative Order No. 8 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 December 31, 2020:   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 …

  As the COVID-19 pandemic rages on, governors in various states have issued executive orders which purport to create a presumption that COVID-19 is a compensable occupational illness for certain employees. In most states where this has occurred, such presumption is limited to healthcare workers, first responders, and some employees in the public transportation sector. However, Connecticut Governor Ned Lamont just issued an executive order that creates a rebuttable presumption that COVID-19 is a compensable…