Alabama Workers' Compensation Law And Handbook

, by Lee, Robert W.; Ford, Steven W.

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ISBN: 9780327164166 | 0327164166
Cover: Hardcover
Copyright: 10/1/2004

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Supplemental Materials

Table of Contents

Foreword

xxiii

Acknowledgements

xxiv

Introduction

xxv

PART I SUBSTANTIVE LAW

The Historical Development of Workers' Compensation Law in General

Remedies Existing Prior to Workers' Compensation Legislation

(6)

Development of Workers' Compensation Legislation

(3)

Constitutionality of Workers' Compensation Legislation

(2)

Comparison Between Workers' Compensation and Previous Remedies

(3)

Legislative History of the Alabama Workers' Compensation Act

In General

(1)

The 1936 Amendments

(2)

The 1939 Amendments

(1)

The 1949 Amendments

(1)

The 1957 Amendments

(1)

The 1961 Amendments

(1)

The 1971 Amendments

(1)

The 1973 Amendments

(3)

The 1984 Amendments

(1)

The 1985 Amendments

(1)

The 1992 Amendments

(4)

The 1994 Amendments

(3)

Covered and Non-Covered Employment

Mandatory Coverage

(2)

Elective Coverage

(3)

Excluded Coverage

(5)

Employer/Employee Relationship

Definitions

(1)

Independent Contractors

(3)

Multiple Employers

(3)

Minors

(1)

Aliens

(1)

Partners and Corporate Officers

(1)

Volunteers

(1)

Prisoners and Work Release

(9)

Ex parte Bonnie Kay Stewart

(6)

Accidents and Injuries Subject to the Act

Definitions

(1)

In General

(1)

Nonaccidental Injuries: Heart Attack, Exposure, and Stroke

(2)

Occupational Disease

(3)

Mental and Nervous Injuries

(2)

Cumulative Trauma and Latent Injuries

(2)

Willful Assault

(1)

Hernia

(1)

Idiopathic Falls

(6)

Ex parte Maida Harris

(4)

Arising Out of and in the Course of Employment

``Arising out of'' and ``in the Course of

(2)

Activity Being Performed

(2)

Travel to and From Work

(1)

Dual Purpose

(1)

Deviation

(1)

Willful Misconduct

(6)

6A Gregory A. Beverly v. Ruth's Chris Steak House and State Claims Adjusters, Inc

(4)

Causation --- Article 3

In General

(1)

''Accidental`` Injuries

(4)

''Non-accidental`` Injuries

100

(6)

Preexisting Conditions

106

(3)

Intervening Causes

109

(24)

Ex parte Trinity Industries, Inc

115

(18)

Notice Requirements

In General

133

(1)

Time Limitations for Proper Notice

133

(1)

Written or Oral Notice

134

(1)

Actual or Constructive Notice

135

(2)

Notice Requirements for Medical Treatment

137

(2)

Occupational Diseases --- Article 4

In General

139

(3)

Causation

142

(5)

Notice

147

(1)

Successive Employers

148

(1)

Statute of Limitations

149

(1)

Psychological Conditions

150

(11)

9A Ex parte Roxanne A. Valdez

153

(8)

Medical Benefits

In General

161

(1)

Selection of an Authorized Physician or Surgeon (Panels of Four)

161

(4)

Future Medical Benefits

165

(1)

Incidentals

166

(1)

Refusal of Treatment and Payment of Unauthorized Physicians

167

(2)

Other Providers

169

(1)

Case Management Workers

169

(2)

Independent Medical Examinations

171

(10)

10A Ex parte City of Guntersville and the Municipal Workers' Compensation Fund, Inc.

173

(8)

Compensation Benefits

In General

181

(1)

Average Weekly Wage/Compensation Rate

182

(3)

Temporary Disability

185

(6)

Permanent Disability

191

(13)

Death Benefits

204

(4)

Calculations

208

(5)

Vocational Benefits

In General

213

(2)

Vocational Rehabilitation Limited to Comparable Employment

215

(1)

Vocational Benefits and Scheduled Injuries

215

(8)

Ex parte Beaver Valley Corporation

217

(6)

Defending the Workers' Compensation Claim

In General

223

(1)

Excluded Defenses

224

(1)

Willful Conduct

224

(3)

Intoxication

227

(4)

Misrepresentation

231

(1)

Statute of Limitations

232

(3)

Tolling the Statute of Limitations

235

(2)

Preexisting Injuries

237

(1)

Second Permanent Injuries

238

(3)

Setoff of Benefits

241

(1)

Estoppel

242

(1)

Common Law Defenses

242

(1)

Evaluation of Post-Injury Earnings

243

(1)

Defending an Employee's Right to Reopen

244

(3)

Unusual Circumstances

Multiple/Successive Insurers

247

(3)

Multiple Employments

250

(1)

Multiple Injuries: Successive or Concurrent

250

(7)

Assault

257

(1)

Recreation and Social Functions

258

(2)

Travel to and From Work

260

(5)

Horseplay

265

(1)

Acts of God

266

(3)

Attorney Fees and Costs

In General

269

(1)

Limits on Attorney Fees

270

(1)

Court Approval of Attorney Fees

271

(1)

Lump-Sum Payment of Attorney Fees

271

(1)

Attorney Fees on Medical Benefits Recovery

272

(1)

Attorney Fees and Permanent Total Disability Award

273

(1)

Court Costs and Litigation Expenses

274

(1)

Attorney Fees and Subrogation

274

(2)

Attorney Fees and Setoff

276

(1)

Jurisdictional Conflict Considerations

In General

277

(1)

Out of State Accident

277

(4)

Out of State Employment---Alabama Accident

281

(2)

Effect of Out of State Workers' Compensation Award

283

(1)

Conflict of Law

283

(1)

Multiple State Coverage

284

(1)

Torts and Workers' Compensation

In General

285

(3)

Tort Actions Against Employer---Fraud

288

(1)

Tort Actions Against Co-employees

289

(1)

Definition of Third Party

290

(1)

Tort Actions Against Third Parties

290

(1)

Dual Capacity Doctrine

291

(1)

Retaliatory Discharge

291

(7)

Tort of Outrage

298

(1)

Subrogation

299

(2)

Other Statutory Liability

301

(2)

Administration of Workers' Compensation

In General

303

(1)

Ombudsman Program

304

(1)

Penalties and Criminal Sanctions

305

(2)

Reporting Requirements

307

(2)

Settlements and Commutations

309

(2)

Litigation

311

(16)

Other State and Federal Legislation Relevant to Workers' Compensation

Unemployment Compensation

327

(2)

Social Security Disability

329

(3)

Black Lung Benefits

332

(1)

Railroad Workers (FELA)

332

(1)

Maritime Laws

332

(1)

Interaction of the Americans With Disabilities Act and Workers' Compensation

333

(4)

Bankruptcy

337

(1)

Debt Collection

338

(5)

PART II HANDBOOK FOR WORKERS' COMPENSATION PRACTITIONERS

A. REPRESENTING THE EMPLOYEE

The Initial Interview and Immediate Follow-Up

In General

343

(1)

Client Interview

343

(7)

Immediate Follow-up

350

(2)

Evaluating/Screening the Case

352

(3)

Handling the Claim Without Suit Being Filed

In General

355

(1)

Evaluate Whether Filing Suit Will Ultimately Be Necessary

356

(2)

Monitoring the Claim

358

(5)

Bringing a Claim to Conclusion Without Suit Being Filed

In General

363

(1)

When the Injured Worker Is Approaching Maximum Medical Improvement

364

(1)

Settlement Methods

365

(5)

Once Settlement Is Reached

370

(3)

Filing Suit and Pre-Trial Preparation

In General

373

(1)

Requisites of the Claim

373

(1)

Venue

374

(1)

Procedural Rules Applicable to Workers' Compensation Lawsuit

375

(1)

Discovery and Document Collection

375

(2)

Evaluation

377

(1)

Mediation and Settlement

378

(1)

Pre-trial

379

(1)

Motion to Tax Costs

379

(2)

Trial of a Workers' Compensation Case

Organization and Presentation

381

(1)

Stipulations

381

(1)

Opening Remarks

382

(1)

Worker's Testimony

383

(1)

Lay Witnesses

384

(1)

Medical Testimony

385

(1)

Vocational Expert Testimony

386

(1)

Other Witnesses

386

(1)

Demonstrative Evidence

387

(4)

B. REPRESENTING THE EMPLOYER

General Advice, Initial Evaluation, and Review Without Suit Being Filed

In General

391

(1)

General Advice to the Employer Regarding On-the-Job Injuries

392

(4)

Initial Evaluation and Review

396

(1)

In Conclusion

397

(2)

Handling the Claim Without Suit Being Filed

In General

399

(1)

Evaluate Whether Filing Suit Will Ultimately Be Necessary or Advisable

400

(1)

Monitoring the Claim

401

(6)

Bringing a Claim to Conclusion Without Suit Being Filed

In General

407

(1)

When the Injured Worker Is Approaching Maximum Medical Improvement

408

(2)

Settlement Methods

410

(4)

Once Settlement Is Reached

414

(3)

If Suit Has Been Filed; Pre-Trial Preparation

In General

417

(1)

Developing an Initial Plan of Action

417

(1)

Paper Discovery

418

(1)

Worker's Deposition

419

(2)

Investigation and Surveillance

421

(1)

Medical Deposition

422

(1)

Vocational Experts

422

(2)

Communication During the Litigation Process

424

(1)

Trial of a Workers' Compensation Case

Organization and Presentation

425

(1)

Stipulations

426

(1)

Opening Remarks

426

(1)

Worker's Testimony

427

(1)

Lay Witnesses

428

(1)

Medical Testimony

428

(1)

Vocational Expert Testimony

429

(1)

Other Witnesses

430

(1)

Demonstrative Evidence

430

(5)

C. TOPICS APPLICABLE TO BOTH INJURED WORKERS AND EMPLOYERS

Concluding the Workers' Compensation Case

In General

435

(1)

Settlement Petition and Order

435

(2)

Dismissal of the Case by the Worker

437

(1)

Best Interest Hearings

437

(1)

Benefit Review Conferences

438

(1)

Settlement After a Court Order

438

(1)

Settlement Recapitulation

439

(1)

Closing Future Medical Benefits

439

(2)

Appellate Process

In General

441

(1)

Preparing an Appeal

441

(2)

Perfecting an Appeal

443

(2)

Superseding the Judgment

445

(1)

The Record on Appeal and Briefing Process

446

(2)

Standard of Review

448

(1)

Application for Rehearing and Rule 39(k) Motion

449

(1)

Petition for Writ of Certiorari

449

(1)

Interlocutory Appeals

450

(1)

Mandamus Petitions

451

(1)

Oral Argument

451

(2)

Collecting and Satisfying the Judgment

In General

453

(1)

Employer's Failure to Secure Payment of Compensation

453

(1)

Default Upon Payment of Periodic Payments

454

(1)

Recording of Judgment

454

(1)

Satisfaction of Judgment

455

(1)

Enforcement of Medical Benefits

455

(2)

Issues Warranting Special Consideration

In General

457

(1)

Claims Involving Psychological and Pain Syndrome Care

457

(1)

Potential Tort Claims Arising Out of the On-the-Job Injury

458

(2)

Claims Involving a Return to Work at the Same or Greater Wage

460

(1)

Surveillance

460

(2)

Subrogation

462

(1)

Enforcement of Benefits Post Settlement Petition/Decree

462

(1)

Social Security Issues

463

(1)

Department of Industrial Relations Administrative Regulations

463

(1)

Settlements; Court Approval or Not

464

(1)

Videotaping of Job Activities

464

(11)

PART III FORMS

A. EMPLOYEE FORMS

Initial Interview of Injured Worker

475

(1)

Notice Letter to the Employer

476

(1)

Letter of Representation to Insurance Carrier

477

(1)

Complaint --- General (Sample 1)

478

(2)

Complaint --- General (Sample 2)

480

(2)

Complaint --- Stroke

482

(2)

Complaint --- Occupational Disease

484

(2)

Complaint --- Contact Dermatitis

486

(2)

Complaint --- Carpal Tunnel Syndrome

488

(2)

Complaint --- Death Benefits

490

(2)

Petition for Death Benefits

492

(2)

Petition to Employ Attorney

494

(1)

Order Authorizing Employment of Attorney

495

(1)

Employee's Objection to Employer's Motion to Dismiss When Claim Is Being Paid Properly

496

(2)

Employee's Motion for Default Judgment

498

(3)

Reserved

B. EMPLOYER FORMS

Sample Defense Attorney's Initial Letter to Employer/Insurer

501

(1)

Employer's Answers to Plaintiff's Complaint

502

(2)

Case Evaluation of Employer's Attorney

504

(5)

Employer's First Report of Injury or Occupational Disease

509

(3)

Supplementary Report

512

(2)

Claim Summary Form

514

(4)

[Reserved]

Notice of Compensation Coverage

518

(1)

Notice of Cancellation

519

(2)

[Reserved]

Employer's Notice to Cover Himself/Employees

521

(1)

Employer's Application for Self Insurance

522

(4)

Independent Contractor's Affidavit and Application for Exemption

526

(2)

Partnership Affidavit and Application for Exemption

528

(3)

Sole Proprietor Affidavit and Application for Exemption

531

(3)

Corporate Officer Exemption

534

(1)

Certificate of Exemption From Coverage

535

(4)

Reserved

C. DISCOVERY FORMS

Employee's Request for Admissions

539

(2)

Employee's Request for Production of Documents

541

(2)

Employee's Interrogatories to the Employer (Sample 1)

543

(3)

Employee's Interrogatories to the Employer (Sample 2)

546

(2)

Dependent's Request for Admissions in Claim for Death Benefits

548

(1)

Employee's Request to Videotape Job Duties

549

(1)

Employer's Request for Production of Documents (Sample 1)

550

(1)

Employer's Request for Production of Documents (Sample 2)

551

(2)

Employer's Interrogatories to the Employee

553

(3)

Employer's Interrogatories to the Plaintiff

556

(5)

Reserved

D. MEDICAL FORMS

Letter from Employee Requesting Panel of Four

561

(1)

Employee's Motion for an Authorized Doctor

562

(1)

Employee's Motion for Court to Order Employer to Supply Panel of Four

563

(1)

Employee's Motion for Court to Order Panel of Four

564

(2)

Employee's Motion for Medical Treatment Where Employer Has Denied Recommended Care

566

(1)

Employee's Motion to Find Employer in Contempt for Failure to Pay Medical Benefits

567

(1)

Medical Authorization Form --- HIPAA Compliant

568

(2)

HIPAA Order in Workers' Compensation Action

570

(1)

Physical Capacities Evaluation

571

(2)

Clinical Assessment of Pain

573

(3)

Checklist for Doctor's Testimony --- Employer or Employee

576

(5)

Maximum Medical Improvement Letter To Physician

581

(4)

Reserved

E. MEDIATION/SETTLEMENT FORMS

Mediation Outline for Employee's Attorney

585

(1)

Settlement Hearing Checklist for Employee's Attorney

586

(1)

Settlement Petition and Order Closing Compensation Benefits and Vocational Benefits, and Leaving Open Future Medical Benefits

587

(5)

Settlement Petition and Order Closing Compensation Benefits and Leaving Open Vocational Benefits, Medical Benefits, and Rights Under the Return to Work Provision of Ala. Code § 25-5-57(a)(3)i

592

(4)

Settlement Petition and Order Closing All of Employee's Rights Under Workers' Compensation Act, or Otherwise

596

(3)

Settlement Language Preserving Third Party Claims

599

(1)

Settlement Language Protecting Social Security Benefits (Sample 1)

600

(1)

Settlement Language Protecting Social Security Benefits (Sample 2)

601

(1)

Settlement Language Preserving ADA Rights

602

(1)

Mediation Summary

603

(2)

Petition and Order Amending Previous Settlement to Close Medical Benefits

605

(2)

Checklist for Employer's Attorney for Settlement Hearing of Pro Se Employee

607

(2)

Motion for Mediation Order

609

(1)

Memorandum Agreement

610

(1)

Judge's Checklist

611

(1)

Workers' Compensation Settlement Sheet

612

(2)

Motion to Tax Penalty

614

(3)

Reserved

F. TRIAL RELATED FORMS

Stipulations Checklist for Trial

617

(1)

Plaintiff's Motion to Tax Costs to Defendant

618

(1)

Sample Direct Examination of Injured Worker

619

(2)

Direct Examination of Plaintiff's Vocational Expert

621

(2)

Sample Trial Court's Order Allocating Subrogation Credit in Workers' Compensation Judgment

623

(7)

Satisfaction of Judgment

630

(1)

Employee's Petition to Reopen Pursuant to Ala. Code § 25-5-57(a)(3)i

631

(4)

Reserved

G. APPEAL FORMS

Docketing Statement

635

(2)

Notice of Appeal

637

(2)

Transcript Purchase Order

639

(8)

Reserved

PART IV TABLES AND MEMORANDUMS

A. TABLES

Table of Present Values

647

(25)

1980 Commissioners Standard Ordinary Mortality Table (Simplified)

672

(5)

Tables of Mortality Rates and Life Expectancies (In Years)

677

(8)

Reserved

B. Memorandums

Average Weekly Wage

685

(1)

Mileage Reimbursement

686

(1)

Deduction of Temporary Partial Compensation From Permanent Partial Settlement (Inquiry)

687

(1)

Deduction of Temporary Partial Compensation From Permanent Partial Settlement (Answer)

688

(3)

Reserved

Table of Cases

691

(14)

Table of Statutes

705

Index

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Alabama Workers' Compensation Law And Handbook

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