News & Insights

Strategy For Defending A Claim For Unscheduled Benefits Under The Graben Pain Exception

Under the Alabama Workers’ Compensation Act, injuries are divided between injuries compensated according to the schedule of benefits contained in Ala. Code § 25-57(a)(3) and injuries compensated outside of the schedule. Typically, compensation for scheduled injuries is less than compensation awarded outside of the schedule. More significantly, evidence of a vocational impairment has been deemed irrelevant to…
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Expanding The “Traveling Employee” Exception To The Coming And Going Rule

In McDaniel v. Helmerich & Payne Int’l Drilling Co., the Alabama Court of Civil Appeals, in a case of first impression, vastly expanded the category of employees meeting the definition of “traveling employees” for the purposes of Alabama’s workers’ compensation law. In McDaniel, the employee worked as a “rough neck” or “motor man” for a drilling company…
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Handling Tornado Based Worker’s Compensation Claim

On April 27, 2011, a series of destructive tornados tore through the state of Alabama, killing hundreds and injuring hundreds more. Although legal concerns are not at the top of anyone’s mind in this time of tragedy, workers’ compensation adjusters and attorneys might soon be faced with workers’ compensation claims for injuries or deaths which…
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