News & Insights

Practice Area: Workers’ Compensation

ALABAMA COURT OF CIVIL APPEALS ADDRESSES PERMANENT TOTAL DISABILITY IN PROFESSIONAL EDUCATION SERVICES GROUP, LLC v. FORD

Background Richard Ford suffered a work-related shoulder injury while employed by Professional Education Services Group, LLC (PESG). The parties stipulated that Ford had reached maximum medical improvement and that the sole issue for trial was the nature and extent of his disability. After trial, the circuit court determined that Ford was permanently and totally disabled…
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LGWM ATTORNEYS DEFEAT ATTEMPT TO EXPAND PANEL OF FOUR RIGHTS

In Ex parte Michael Lancaster, Jr., Aaron Ashcraft, Sim Johnson and John Webb prevailed on a petition for a writ of mandamus filed by Michael Lancaster, Jr. (“the plaintiff”). At the trial court level, the plaintiff sought two panels of four to replace an orthopedic specialist and an ophthalmologist.  Defendant provided Plaintiff with an ophthalmology…
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CONSTITUTIONAL CHALLENGE REJECTED: TRACIA CARTER-SHEPHERD v. ROYAL FURNITURE COMPANY

The case of Tracia Carter-Shepherd v. Royal Furniture Company and State of Alabama involved a constitutional challenge to key provisions of the Alabama Workers’ Compensation Act. The Background Tracia Carter-Shepherd (“the employee”) filed a workers’ compensation claim against her employer, Royal Furniture Company. The parties eventually reached a settlement agreement. The employee’s ultimate goal was…
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EXPLORING THE TORT OF OUTRAGE:  JOINT PRESENTATION AT THE 2024 AWCO SEMINAR

In November 2024, the Alabama Workers’ Compensation Organization (AWCO) hosted its Annual Seminar, a premier event for professionals involved in workers’ compensation law, claims, and medical care, bringing together industry leaders to discuss critical topics shaping the field of workers’ compensation in Alabama. Joint Presentation on the Tort of Outrage One of the seminar’s highlights…
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VICTORYLAND V. PATRICIA DIANNE ARNOLD:  SUBSEQUENT MVA NOT SUFFICIENT TO RELIEVE EMPLOYER FROM LIABILITY FOR FUTURE MEDICAL BENEFITS

This case explores the extent of an employer’s liability for future medical benefits when a subsequent non-work-related event aggravates a prior work-related injury. Background In 2006, Patricia Dianne Arnold sustained a back injury while working for Victoryland. In 2009, the parties settled Arnold’s claim, with Victoryland paying $6,500.00, and agreeing to remain liable for future…
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ALABAMA WORKERS’ COMPENSATION RATE CHANGE EFFECTIVE JULY 1, 2024

As of July 1, 2024, the maximum workers’ compensation payable increased to $1,130.00 per week and the minimum increased to $311.00 per week. Click here to view the Alabama Department of Labor Memo: https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://labor.alabama.gov/docs/guides/wc_weeklywage.pdf&ved=2ahUKEwj10v3XloaHAxXb18kDHZQqCqUQFnoECBMQAQ&usg=AOvVaw1TDhXT5QNv_7MuwuwNevrx

Alabama Workers’ Compensation Rate Change

Effective July 1, 2023, the maximum workers’ compensation rate payable increased to $1,084.00 per week and the minimum rate increased to $298.00 per week.