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 of the Alabama Department of Labor Ombudsman Program for approval
of workers’ compensation settlements as well, and specifically allowed the
dismissal of a workers’ compensation claim that was pending in court if settled
with written approval of an ombudsman.
This Order was extended several times by Administrative
Orders Nos. 5, 6, 7, 8, and 9, issued on April 2, 2020, April 30, 2020, May 13,
2020, August 14, 2020, and December 21, 2020, respectively. The last order, Administrative Order No. 9,
extended the original Administrative Order until April 30, 2021, or further
order of the Court. The Alabama Supreme
Court recently issued another extension by Administrative Order No. 10, authorizing
telephonic and videoconferencing in workers’ compensation settlement hearings,
and approval of settlements by a state ombudsman, until July 29, 2021, or
further order of the Court.
Considering the increase in vaccinations and decreased numbers
of Covid-19 related hospitalizations statewide, it is unclear if the Supreme
Court will extend this Order indefinitely; however, the Court may issue another
short three-month extension, or authorize each Presiding Circuit Judge
discretion to issue similar orders accordingly.
In the meantime, however, it appears that parties in workers’ compensation settlements will continue to enjoy the ability to have the settlements approved without delay.
