News & Insights

Practice Area: Workers’ Compensation

Alabama Supreme Court Extends Pandemic Order For Workers’ Compensation Cases

On March 18, 2020, pursuant to §§ 12-2-30(b)(8) and 25-5-12, Ala. Code 1975, Chief Justice Tom Parker issued “Administrative Order Concerning Workers’ Compensation Cases During the Period of Suspension of In-Person Proceedings,” authorizing circuit judges to conduct workers’ compensation settlement hearings telephonically or by videoconference.  This Order also authorizes the use of the Alabama Department…
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Presiding Judge Of Jefferson County Extends Virtual Court Proceeding Order

On July 15, 2021, the presiding judge of Jefferson County entered an Administrative Order extending the previously entered Order allowing the holding of non-jury court proceedings by video or audio conference.  The previous Order provided Jefferson County Circuit Judges with discretion to hold virtual court hearings in all non-jury proceedings which included workers’ compensation cases. …
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Alabama Secretary Of Labor Sets New Maximum And Minimum Rates Effective July 2, 2021

In accordance with the provisions of Section 25-5-68(c), Code of Alabama 1975, the Secretary of Labor determined the new maximum workers’ compensation payable is $983.00 per week and the minimum increased to $270.00 per week The memorandum regarding the new maximum and minimum rates issued by the Director of the Alabama Department of Labor Workers’…
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The Alabama Court Of Civil Appeals Disallows A Contractual Agreement Preventing Venue To Be Established In The State Of Alabama

In Sellers v. Venture Express, Inc. (not yet released for publication), the Plaintiff asserted a workers’ compensation action in the Circuit Court of Cullman County asserting an on-the-job injury in the course and scope of her employment with Defendant Venture Express.  The claimed  injury occurred in Alabama, but the Plaintiff and Defendant entered into an…
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Order To Conduct Telephonic Benefit Review Conferences Extended Until July 29, 2021

On March 18, 2020, pursuant to §§ 12-2-30(b)(8) and 25-5-12, Ala. Code 1975, on March 18, 2020, Chief Justice Tom Parker issued “Administrative Order Concerning Workers’ Compensation Cases During the Period of Suspension of In-Person Proceedings”, authorizing circuit judges to conduct workers’ compensation settlement hearings telephonically or by videoconferencing.  This Order also authorized the use…
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Alabama Supreme Court Extends Orders Pertaining To Workers’ Compensation Cases And Remote Testimony

On March 18, 2020, pursuant to §§ 12-2-30(b)(8) and 25-5-12, Ala. Code 1975, Chief Justice Tom Parker issued “Administrative Order Concerning Workers’ Compensation Cases During the Period of Suspension of In-Person Proceedings, authorizing circuit judges to conduct workers’ compensation settlement hearings telephonically or by videoconferencing.  This Order also authorized the use of the Alabama Department…
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Physician Referrals And Panels Of Four

In Ex parte Kohler Company, Inc., 29 ALW 4-4 (2190081); 1/17/2020, the Employer, Kohler Company, Inc., (“Kohler Company”) petitioned the Alabama Supreme Court for a writ of mandamus directing the trial court to vacate its Order denying Kohler’s Motion to Vacate the Order granting the employee’s motion to provide a second opinion doctor.  The Alabama…
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Alabama Supreme Court Authorizes Workers’ Compensation Settlement Approval Hearings Via Telephonic And Video Conferences

On March 18, 2020, in the wake of the COVID-19 pandemic, the Alabama Supreme Court entered its “Administrative Order Concerning Workers’ Compensation Cases During the Suspension of In-Person Proceedings”.  The Administrative Order allows circuit court judges and Ombudsmen of the Alabama Department of Labor to approve any worker’s compensation settlement via telephonic or video conferencing….
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Alabama Department Of Labor Increases Maximum And Minimum Worker’s Compensation Rates

On May 6, 2020, the Alabama Secretary of Labor, Fitzgerald Washington, determined, pursuant to Alabama Code Section 25-5-68(c), that the State of Alabama’s average weekly wage for 2019 was $920.07. Based on this determination, Steve Garrett, Director of the Alabama Department of Labor Workers’ Compensation Division, issued a memorandum on May 11, 2020 stating the…
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