Utilizing the co-employee “intentional injury” exception to Alabama’s exclusive remedy rule [see Ala. Code § 25-5-11(b)], the Supreme Court of Alabama affirmed a trial court’s decision to grant summary judgment in favor of two co-employee...
An Alabama Circuit Court Judge found unconstitutional two separate provisions of the Alabama Workers’ Compensation Act—the $220 cap on weekly PPD benefits [Ala. Code § 25–5–68] and a 15 percent cap on attorneys’ fees [Ala. Code...
A trial court should have dismissed a former employee’s assault and battery and tort-of-outrage claims against the former employer because they were barred by the exclusive remedy provisions of the Alabama Workers’ Compensation Act, held the Supreme...
Allegations that an employer removed “explosion doors” from a furnace and that a furnace explosion subsequently injured a furnace operator were insufficient to state a cause of action against the employer; the claim was barred by the exclusive remedy...
Senator Wants CDC to Explore Use of Medical Marijuana to Combat Opioid Abuse . NIOSH Explains Recommended Exposure Limit for Occupational Noise . NIOSH Offers Employers Advice on Helping Workers Use Vehicle Safety Features . AL: SB 122 Would Limit Employer’s...
NCOIL Commits to Investigate “Opt-Out” Workers’ Comp, Stand Up to Federal Intervention . Third Circuit Rules Temp Workers Can Sue for Bias in Workplace . Telecommuting Challenges How to Measure, Regulate and Compensate Work . Telecommuting...
Receipt of short-term disability benefits under an employer-sponsored plan does not toll the two-year statute of limitations for the filing of an occupational disease claim in Alabama where there was nothing in the paperwork associated with the benefits that indicated...
NCCI Posts Sept. 2015 Quarterly Economics Briefing Newsletter . ProPublica Wins Journalism Award for ‘Insult to Injury’ Workers’ Comp Series . EEOC Declares Workers Comp Guidelines Don’t Supersede ADA . AL: NCCI Explains 8.2 Percent...
A Pennsylvania appellate court held that a truck driver was not entitled to benefits in Pennsylvania for an extraterritorial injury because his employment was not principally localized in Pennsylvania where the driver and the employer entered into an agreement...
An Alabama appellate court affirmed an award for a prescription medication in the form of a “time release” medication for erectile dysfunction that an employee contended was associated with his use of prescription narcotics to manage pain in spite of...
NCCI Posts Latest Economic Outlook and Impact on Workers Comp . Fitch Ratings Announces Top Workers Comp Insurance Writers for 2014 . OSHA Issues Inspection Guidance for Health Care Industry . Columnist: New Worker Category Should Be Created to Cover Gig...
Under the provisions of by Ala. Code § 25-5-56, the trial court must approve any agreement compromising an injured worker’s benefits in order to be enforceable. Under that rule, an Alabama appellate court affirmed a finding that a settlement agreement...
NIOSH Recommends All Workplaces Be Tobacco Free, eCigarette Free . NIOSH Examines High Rate of Carpal Tunnel Syndrome Among Poultry Workers . OSHA Updates Workplace Violence Protections for Healthcare, Social Service Workers . CMS Releases Version 4.6 of...
Injuries sustained by a Girl Scout camp business manager, when she was thrown from a horse during a recreational ride with other camp employees did not arise out of and in the course of the employment, held an Alabama appellate court. Quoting Larson’s Workers’...
The Supreme Court of Alabama, reversing the state’s Court of Appeals, reinstated a trial court’s decision awarding a school custodian PTD benefits stemming from her exposure to chemical fumes during the course of her employment. The employer had not...