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2016 Alabama Workers’ Compensation Wrap-Up

2016 Alabama Workers’ Compensation Wrap-Up

2016 Alabama Workers’ Compensation Wrap-Up

December 15, 2016 Posted by Jeremy W. Richter Workers' Compensation

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.

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