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Practice Area: Workers’ Compensation

The 10th Circuit Court Of Appeals Found Alj’s For The Securities And Exchange Commission To Be In Violation Of The Appointments Clause, Which Could Potentially Upend The Black Lung Benefits Act

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An opinion from the 10th Circuit Court of Appeals, Bandimere v. Sec. & Exch. Comm’n, 844 F.3d 1168 (10th Cir. 2016), has the potential to substantially upend the Black Lung Benefits Act, particularly as it concerns authority of Administrative Law Judges to decided cases under the Black Lung Benefit Act. In Bandimere, the 10th Circuit…
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The Alabama Court Of Civil Apeals Clarifies What Costs Are Recoverable By A Prevailing Party In A Workers’ Compensation Case

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Section 25–5–89 of Alabama’s Workers’ Compensation Act provides a trial court the discretion to tax costs incurred by an injured party in pursuing their claim against an employer. However, this discretion is not unfettered and in Ex parte Ampro Prod., Inc., No. 2160818, 2017 WL 4563053, at *1 (Ala. Civ. App. Oct. 13, 2017), the…
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Supervisors’ Failure To Install A Safer Saw That Was On The Premises Is Not Equivalent To A Removal Of A Safety Guard For Purposes Of Liability Under The Alabama Workers’ Compensation Act

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In Saarinen v. Hall, 26 ALW 36-8 (1160066), 9/1/2017, the Supreme Court held that the failure of the employee’s supervisors to install a safer saw that was on the employer’s premises was not the equivalent of removing a safety guard from an existing saw so as to subject the supervisors to liability under the Alabama…
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Employee Bears The Burden Of Establishing Medical Causation And Conflicting Evidence Does Not Have To Be Resolved In Favor Of Employee

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In Wyatt v. Baptist Health Sys., Inc., No. 2160280, 2017 WL 3096691, at *1 (Ala. Civ. App. July 21, 2017), the Alabama Court of Civil Appeals clarified that the Plaintiff bore the burden of establishing medical causation and that the fact finder did not have to resolve all reasonable doubts in conflicting medical evidence in…
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The Return To Work Statute Must Be Plead As An Affirmative Defense Or Is Deemed Waived

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In Grieser v. Advanced Disposal Services Alabama, LLC, 26 ALW 33-4 (2160290), 8/11/17, the Court of Civil Appeals reversed a trial court’s refusal to consider the employee’s vocational disability and held that separate circumstances relieving an employer’s liability under the “Return to Work” statute are affirmative defenses which must be plead or are deemed waived….
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Aaron Ashcraft Obtains Defense Verdict In Shelby County, Alabama

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In Lawley v. Chelsea Hidden Acres, Aaron Ashcraft obtained a defense verdict from Judge Sonny Conwill following a bench trial. The Plaintiff alleged she sustained an injury in the course and scope of her employment as a patient care tech, lifting a resident out of a bed on July 23, 2013. This allegation remained consistent…
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Court Dismisses Plaintiff’s Lawsuit For Failure To Comply With Discovery

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In Horton v. Hinton, 26 ALW13-4 (2150631), the Court of Civil Appeals affirmed a trial court’s dismissal of a lawsuit based on plaintiff’s failure to comply with discovery orders.    In February 2015, Brianna Horton filed suit against Bria Hinton alleging that Hinton drove her motor vehicle negligently and/or wantonly causing the subject motor vehicle…
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Alabama Supreme Court Affirms Employers Right To Claim Immunity From Tort Claims For Employees Injured On The Job Who Are Obtained Through Staffing Agencies

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In Ex parte Tenax Corp., the Alabama Supreme Court reaffirmed that the exclusive-remedy provisions of the Alabama Workers’ Compensation Act, § 25–5–1 et seq., Ala. Code 1975 can provide immunity from tort claims filed by workers’ provided to an employer through a staffing agency. In July 2014, John Dees submitted an application with Onin Staffing,…
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Reasonably Necessary Mileage Costs

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On September 16, 2016, the Alabama Court of Civil Appeals released its decision in Page v. Southern Care, Inc., — So.3d —, 2016 WL4938180 regarding reimbursement of reasonably necessary mileage costs.         The employee in Page, found employment as a nurse out of state on a temporary basis in West Palm Beach, Florida and in Valdosta, Georgia.  She…
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