An aggregation of the Alabama appellate court decisions affecting workers’ compensation in 2016.
The appellate courts in Alabama were busy hearing and deciding workers’ compensation matters in 2016. Below is a synopsis of what happened related to workers’ compensation this year. Follow each of the links for a brief of the cases.
- Ex parte Lincare Inc. and Angela Stewart: The Workers’ Compensation Act’s exclusivity provision precludes a claim against the employer for an employee’s willful conduct.
- City of Birmingham v. Alex Thomas : A pension board is a separate entity from the municipality under certain conditions.
- Ex parte Lowe’s Home Centers, LLC: Under Alabama worker’s compensation law, a court finding of a compensable injury without assigning disability or benefits is inadequate.
- Kennamer Bros., Inc. v. Ronney Stewart: TTD benefits are owed when an employee produces substantial evidence showing that his on-the-job accident caused his injury, and the amount to be paid is the state average weekly wage at the time of the injury.
- Tracy Page v. Southern Care, Inc.: Where an employer is liable to pay mileage expenses under the Alabama Workers’ Compensation Act, the mileage costs to and from medical providers should be measured from the employee’s home.
- Augmentation, Inc. v. Debra Harris: Before refusing to pay for prescribed medical treatment, pursuant to a court order in a workers’ compensation case, the employer must conduct the appropriate investigation into the treatment’s reasonableness and necessity, or be subject to sanctions.
- Ex parte Tidra Corporation: A trial court may only require a party to submit to a mental examination under Alabama Rule of Civil Procedure 35, if one of the parties has filed a motion requesting a mental examination and has made a good showing that it is necessary.
