Alabama Workers' Comp Blawg

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  On December 6, 2019, the Alabama Court of Civil Appeals released its opinion in James Brooks v. Austal USA, LLC. The undisputed facts were that while the Complaint was filed prior to the expiration of the Statute of Limitations, the Complaint was not served on the employer for seven months, during which time the Statute of Limitations expired. The Court of Appeals held that to commence an action for Statute of Limitations purposes, a Complaint…
  On December 6, 2019, the Alabama Court of Civil Appeals released its opinion in Colby Furniture Company v. Belinda Overton.  In Overton, the employer sought the termination of the employee’s right to future medical benefits.  The employee injured her neck in 1994 and received pain management treatment for over 22 years.  In 2005, she was given a panel of four pain management doctors from which she selected a new doctor thus burning the one panel…
  On November 27, 2019 the Alabama Supreme Court released its opinion in Ex parte Dow Corning Alabama, Inc., et al. In this case an employee was injured while working for Alabama Electric Company, Inc. The injury occurred at Dow Corning Corporation. Dow Corning sought to enforce an indemnification agreement that it alleged it had with the employer, Alabama Electric Company, Inc. Also involved in this matter was Alabama Electric Company’s insurance carrier, National Trust…
  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.   2020 OFFICE…
  On November 15, 2019, the Alabama Court of Civil Appeals released its opinion inEx parte Sea Coast Disposal, Inc., in response to a Petition for Writ of Mandamus. The employer argued there was insufficient evidence to support the trial court’s determination that the employee’s neck and back claims were compensable.  Regarding the neck, the Court of Appeals reviewed the evidence, consisting of medical records, medical expert testimony, and the testimony of both plaintiff and…
  The Alabama Supreme Court recently released its opinion addressing the issue of whether a parent company of an employer is immune from suit based on the exclusivity provisions of The Alabama Workers’ Compensation Act. In Ex parte Ultratec Special Effects, Inc., (hereinafter referred to as “Ultratec”) a Canadian lighting and special effects equipment manufacturing company, sought mandamus review of the Circuit Court of Madison County’s denial of its motion for summary judgment in two…
  On October 4, 2019 Alabama Court of Civil Appeals released its opinion in AMEC Foster Wheeler Camtech, Inc. v. Jimmy Chandler wherein it upheld the Trial Court’s finding that the employee suffered from a vocational disability as a result of his on the job back injury.   The evidence at trial was that the employee was working on or about November 16, 2015 when he felt pain in his back while lifting a pipe.…
  We are pleased to announce that the Alabama Workers’ Comp Blawg was named a WorkersCompensation.com Best Blog for 2019!  This is the third time we have received this award in the last 4 years.  We wish to congratulate the other winners and thank the judges for their their time and consideration.  We especially wish to thank our readers who took the time to vote!   …
  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…