Alabama Workers’ Compensation Act: The Clower Decision
Live Webinar: Tuesday, September 12, 2017
2:00 p.m. to 3:00 p.m. Central
WEBINAR SNAPSHOT: Gain CLE and get up to date with the latest workers' comp developments, including the Clower decision.
On May 8, in Clower v. CVS Caremark Corp., a circuit court judge found fault with two provisions of the Alabama Workers’ Compensation Act, a ruling that, if upheld, would render the entire act unconstitutional. Judge Pat Ballard found unconstitutional a provision capping recovery for workers permanently but not totally disabled at $220 a week and a provision capping attorney fees at 15%.
What are the implications of the Clower decision? In the opinion, Judge Ballard wrote there would be an impact on medical providers, insurers, employers, and workers. Specifically, the opinion states: “Employers will face tort lawsuits upon the occurrence of industrial actions, subjecting them and co-workers of the injured victim to lawsuits for compensatory and punitive damages available within the confines of the common law. And workers will have to turn to other sources—or none at all—for the provision of medical care or subsistence compensation upon suffering the misfortune of workplace accidents; inevitably, this will mean that Alabama’s taxpayers will shoulder a large measure of the burden.”
In this webinar, experienced attorney Charley Drummond will analyze the order in Clower and explore its short and long term ramifications. He will also discuss what happens if the Alabama Workers’ Compensation Act is ultimately struck down.
- Analysis of the trial court’s Order
- Short term ramifications of the Order
- Long term ramifications of the Order
- Constitutional attacks?
- What happens if the Act is ultimately struck down?
- Is the Act “broken,” and if so, how do we fix it?
For even more guidance, attend the 2017 Alabama Workers' Comp Conference coming Friday, September 29 to the Embassy Suites by Hilton Birmingham. In addition to the Clower decision, you'll learn the latest on return to work issues, retaliatory discharge and other wrongful terminations, the standard for medical causation in workers’ comp cases, how to get the most out of the discovery process, resolving a case without trial through informal settlement negotiations and mediation, what's new at the Alabama Department of Labor, and much more. Visit mleesmith.com/al-wc to review the complete agenda and to register.
About Your Presenter:
Charley M. Drummond is an attorney at the Birmingham insurance defense firm of Fish Nelson & Holden LLC. He is a member of the Alabama Workers’ Compensation Organization (AWCO), the Alabama Workers’ Compensation Defense Lawyers Association, the Alabama Defense Lawyers’ Association, the West Alabama Workers’ Compensation Association, and the Alabama Self-Insurers Association. Mr. Drummond is also active in the American Bar Association’s Tort Trial and Insurance Practice Section, where he has served in various leadership roles on the national level with the Workers’ Compensation and Employer’s Liability Committee. He is also very involved with the Birmingham Bar Association’s Workers’ Compensation Section, where he currently serves as an officer.
Mr. Drummond has tried numerous cases before the Alabama circuit courts. He has argued cases before the Alabama Court of Appeals and the Supreme Court of Alabama. He also has passion for teaching. In addition to being an adjunct professor of Alabama workers’ compensation law at Birmingham School of Law, he frequently speaks at conferences and seminars for other attorneys, judges, insurance adjusters, and employer representatives.