On August 22, 2021, the Alabama Supreme Court issued Administrative Order No. 13, which declared a temporary state of emergency for the entire Judicial
Branch of the State of Alabama due to recent increases in COVID-19 infections. The Order
Alabama Workers' Comp Blawg
The Alabama Workers' Comp Blawg, published by Fish Nelson & Holden, LLC, focuses on legal issues related to workers' compensation in Alabama. It covers court rulings, statutory interpretations, and procedural updates affecting workers' compensation claims and litigation. The blog also addresses related topics such as employer liability, workplace injury causation, immunity doctrines, and the impact of administrative orders on court proceedings. It provides analysis of case law involving workplace injuries, employer defenses, and regulatory compliance, with attention to how these issues affect employers, employees, and insurers in Alabama.
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Alabama Supreme Court Addresses Qualified Immunity of Commercial Truck Driver and Exclusivity Doctrine Protection for Trucking Company
By Publisher
The Alabama Supreme Court recently released its opinion in Jackson v. Voncille Allen and Penn Tank Lines, Inc. The plaintiff, Patrick Jackson, was riding
in the passenger seat of a commercial vehicle being operated by Valerie Allen, an owner/operator…
Injuries Resulting from Feuding Alabama Lawn Care Crew Ruckus Deemed Not Compensable
By Publisher
On July 30, 2021, the Alabama Court of Civil Appeals released an opinion in Kevin Patrick v. Mako Lawn Care, Inc. wherein it addressed the compensability
of an assault by a co-employee. The altercation was the result of a…
Alabama Supreme Court Pandemic Emergency Response Orders Extended Through End of October 2021
By Publisher
On July 28, 2021, the Alabama Supreme Court issued Administrative Order No. 12, which extended its previous orders concerning workers’ compensation settlements.
This means that the following rules will be in effect through October 29, 2021:
1. Any…
Presiding Judge of Alabama County Enters a Second Virtual Court Proceeding Order
By Publisher
On July 15, 2021, the presiding judge of the 10th Judicial Circuit of Alabama, Jefferson County, entered an Administrative Order which extended the previously
entered Order concerning the holding of non-jury court proceedings by video or audio conference.
…
Alabama Workers’ Compensation Rate Change Effective July 1, 2021
By Publisher
As of July 1, 2021, the maximum workers’ compensation payable is increased to $983.00 per week and the minimum is increased to $270.00 per week. The memorandum regarding the new minimum and maximum rates issued by the Director of the…
Alabama Co-Employee Willful Conduct Claims Remain Difficult to Prove
By Publisher
In exchange for providing no fault workers’ compensation insurance, Alabama employers are afforded the protections of the Exclusivity Doctrine. While this
doctrine serves to insulate employers from liability claims, Alabama Code § 25-5-11 provides a means for recovery against…
Alabama Appellate Court Reverses Summary Judgment in Favor of Employer
By Publisher
The Alabama Court of Civil Appeals recently released an opinion in In re: Laura Register v. Outdoor Aluminum, Inc. wherein it reversed summary judgment
in favor of the employer in a retaliatory discharge case. While the decision itself did…
Alabama Department of Labor and Department of Insurance Licensing Requirements for Workers' Compensation Lost Time Claims Handlers
By Publisher
The Alabama Department of Labor (ADOL) requires all people handling lost time workers’ compensation claims to complete 8 hours of Continuing Education
(CE) per calendar year. Medical only adjusters are exempt from this requirement.
Typically, the 8 CE…
Alabama Supreme Court Pandemic Emergency Response Orders Extended Through End of July 2021
By Publisher
On April 28, 2021, the Alabama Supreme Court issued Administrative Order No. 10 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…