News & Insights

Practice Area: Workers’ Compensation

SUSTAINED PART-TIME GAINFUL EMPLOYMENT CAN DEFEAT CLAIM FOR PERMANENT TOTAL DISABILITY

In BISCO Refractories, Inc. v. Wesley Dean, the Alabama Court of Civil Appeals reversed a trial court’s finding of permanent total disability (PTD) for an employee who sustained serious back and heel injuries in a workplace fall. A functional-capacity evaluation (“FCE”) performed by occupational therapist David Bledsoe concluded that he could fully perform sedentary and…
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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

John Webb Speaks At Awco 2023 Annual Conference

John Webb, Chair of LGWM’s Workers’ Compensation Practice Group, spoke at the Alabama Workers’ Compensation Organization (AWCO) 2023 Annual Conference.  The Conference took place November 2-3 in Birmingham, Alabama.  John teamed up with Dana Mattiace (Senior Claims Adjuster) with CCMSI to provide new adjuster training for approximately 30 workers’ compensation adjusters from across the United…
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